dep

west virginia department of environmental protection

Executive Office

601 57th Street SE

Charleston, WV 25304

Earl Ray Tomblin, Governor

Randy C. Huffinan, Cabinet Secretary

www.dep.wv.gov

October 26,2011

Mr. Shawn M. Garvin

Regional Administrator

U.S. EPA, Region III (3RAOO)

1650 Arch Street

Philadelphia, PA 19103-2029

Re: Revision to the West Virginia State Implementation Plan Pursuant to Clean Air Act

Section 110(a)(2)(A)-(M) Requirements for Lead - Request For Approval

Dear Administrator Garvin:

On behalf of the State of West Virginia, I am herein submitting a revision to the State

Implementation Plan (SIP) to satisfy state obligations under Clean Air Act Section 110(a)(2)(A)-(M)

requirements for lead. In this revision to the SIP, West Virginia is demonstrating that it has

adequate resources and authority to implement the 2008 lead NAAQS.

The SIP revision includes appropriate documentation which demonstrates that state and federal

administrative procedural requirements have been fulfilled, including public participation. The

public comment period ended on October 17, 2011. Included with this submittal is an electronic

copy on compact disk in searchable pdf format. We certify that the enclosed electronic copy

contains an exact duplicate of information contained in the hardcopy submission.

If you have any questions regarding this submittal or require additional information, please

contact John A. Benedict, Director ofthe Division of Air Quality at (304) 926-0462.

Sincerely,

~~

Randy~an

Cabinet Secretary

RCHljlm

Enclosure

cc: Diana Esher (3APOO)

John A. Benedict, Director, WVDEP

Promoting a healthy environment.
west virginia department of environmental protection

Final West Virginia 

State Implementation Plan Revision for 

Clean Air Act Section 110(a)(2)(A)-(M) 

Requirements for Lead 

October 26, 2011 

West Virginia Division of Air Quality 

601 57th Street, SE 

Charleston, W.Va. 25304 

Promoting a healthy environment 
This page intentionally left blank.
Final West Virginia State Implementation Plan Revision for 

Clean Air Act Section 110(a)(2)(A)-(M) Requirements for Lead 

A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain thNational Ambient Air Quality Standards (NAAQS). The SIP is a series of complex, fluid documents containing regurequirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulEnvironmental Protection Agency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972. SIPs cwith EPA approval as necessary. The federally enforceable SIP for West Virginia is compiled in 40 CFR Part 52, Suto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2008 lead NThis SIP revision addresses requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) many of which hother SIP revisions. It is a compilation of elements that demonstrate how the 2008 lead NAAQS is being implemente

enforced in West Virginia. The elements of this SIP revision, once approved by EPA, will provide a federally enforc

West Virginia will continue to comply with the Section 110(a)(2) requirements of the CAA. In 1961, the State Legislature passed the Air Pollution Control Law of West Virginia, making West Virginia the sixt

statewide air pollution control law. The law provided for a separate state agency composed of a seven member Commstaff. The powers, authorities and funding of the original Commission were subsequently conveyed to the Office of Athe Division of Air Quality (WVDAQ) within the West Virginia Department of Environmental Protection (WVDEP

legal authorities now incorporate over 90 full time staff, with a multi-million dollar annual budget and approximately 

DAQ has a variety of substantial funding sources, including construction/modification permit fees, Title V operating 

operating fees, general State revenue and federal grant monies. The agency has demonstrated the ability to implemenrequirements for fifty years as most recently evidenced by federally approved 1997 ozone standard maintenance SIP

Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter NAAQS. LegWest Virginia air quality program relating to the responsibilities in the Clean Air Act is codified in the West VirginiAct, W.Va. Code §22-5, more specifically §22-5-1, which gives West Virginia the primary responsibility for assurin

the CAA.Many elements of Section 110(a)(2)(A)-(M) already exist in the approved SIP or recently submitted SIP revisions fo

revision may reiterate and/or reinforce some of these previously submitted and/or approved elements. Some requireintergovernmental consultation, air quality modeling and compliance with Part D of the CAA, are fulfilled during th

submission to EPA, as a SIP revision, of attainment plans and related requirements due under Subpart 1 and, in the c

the CAA. West Virginia has no designated lead non-attainment areas. 
Section 

110(a) element The implementation plan shall: West Virginia Implementation 

§110(a)(2)(A) include enforceable emission 

limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this Act. 

Enforceable Emission Limitations and Other Control Measures: Tthe authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and promulgate rules in accordance with the Administrative Procedures §§ 29A3-1 et seq.). Approximately forty rules implemented under thAPCA are currently in effect and codified at Title 45 of the West Virg

Rules, including the ambient air quality standards for criteria pollutancontained in 45CSR8. Enforceable emission limitations and other co

lead may be found in the Code of State Rules as necessary or approapplicable requirements of the CAA: 45CSR7 - The purpose of this West Virginia SIP approved rule (50 control particulate matter air pollution from manufacturing processeoperations. Section 4.13 of 45CSR7 addresses potential haemissions. Persons responsible for manufacturing process source which hazardous particulate matter material may be emitted such as, lead, arsenic, beryllium and other such materials shall give the consideration to the potential harmful effects of the emissions reactivities. Evaluations of these facilities as to adequacy, efficien

potential will be made on an individual basis by the WVDAQ D

conjunction with other appropriate governmental agencies. 45CSR13 - The purpose of this West Virginia SIP approved rule (68 forth the procedures for stationary source reporting, and the criter

permit to construct and operate a new stationary source which is not source, to modify a non-major stationary source, to make modificatimajor modifications to an existing major stationary source, to restationary sources within the state of West Virginia. Lead is a “reguldefined under 45CSR13-2.20. Lead has a plantwide permitting de min

1200 lbs per year established in Table 45-13A. An increase of 10 

minimus level, or 120 lbs per year of lead is, triggers a modification un45CSR14 - The purpose of this West Virginia SIP approved rule (7satisfy the prevention of significant deterioration permit program requ

of the CAA. 45CSR14 contains a significance level for lead of 0.6 tpy air quality impact concentration of 0.1 μg/m3 over a 3 month avera

source in an attainment area may have a lead emission limitation 45CSR14 based upon a BACT analysis. 
§110(a)(2)(A) (continued) 

45CSR19 - The purpose of this West Virginia SIP approved rule (7satisfy the nonattainment area new source review permit program req

D of the CAA. 45CSR19 contains a significance level for lead of source in a lead non-attainment area may have a lead emission limunder 45CSR19 based upon a LAER analysis. West Virginia has nnon-attainment areas. 45CSR34 - This West Virginia federal delegation rule establisheprogram of national emission standards for hazardous air pollutancompounds) and other regulatory requirements promulgated by tEnvironmental Protection Agency (USEPA) pursuant to 40 CFR Par112 of the federal Clean Air Act, as amended. West Virginia has depursuant to a January 2010 letter from EPA Region III which continfor West Virginia to implement and enforce certain federal NaStandards for Hazardous Air Pollutants and New Source Performincluding Subpart YYYYY - National Emission Standards for Hazard

for Area Sources: Electric Arc Furnace Steelmaking Facilities. Unde

the Standards and Compliance Requirements set forth in 40 CFR §requirements for the control of contaminants from scrap, including ch

lead, and free organic liquids. Such requirements include either a poplan or restrictions on metallic scrap. 45CSR30 - This West Virginia rule establishes a permitting program pof the CAA. Any major stationary source subject to enforceablimitations or control measures pursuant to 45CSR7, 45CSR13, 45C

or 45CSR34 will be contained in a permit issued by West Virginia unTitle V permit program. The effective date of interim approval of Wes

Program and 45CSR30 was 12/15/95. U.S.EPA fully approved the Wprogram via DFR published on 10/03/01 (66 FR 50325). U.S.EPA ato 45CSR30 contained in DAQ’s 07/01/01 rule via a separate D10/09/01 (66 FR 51318). These revisions became federally effective 

Pursuant to West Virginia Code, §22-5-1 declares the state’s public primary responsibility for assuring air quality pursuant to the ‘Federal 

amended.” The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) ways and means for the regulation and control of pollution of the air 

“conduct such studies and research relating to air pollution and abatement”. 
§110(a)(2)(B) provide for establishment and 

operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to the Administrator; 

Establishment of Monitoring System: Pursuant to West Virginia C“protecting the environment is fundamental to the health and wecitizens,” and, the state “has a duty to provide and maintain a health

our citizens.” Under §22-1-1(a)(2), “the state has the primary protecting the environment.” §22-1-1(b) “declares that the esdepartment of environmental protection is in the public interest” and of the state .....to use all practical means and measures to prevent o

the environment and biosphere, to create and maintain conditions and nature can exist in productive harmony, .....” Additionally, §22-5-1 declares the state’s public policy “to fulfill its prifor assuring air quality pursuant to the ‘Federal Clean Air Act’, as am

As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal envirorequire state participation” must “endeavor to obtain and continue sadministration of such federally-mandated programs,.....and to appropriate federal agencies to meet environmental goals.” 

Under §22-1-6(a), the WVDEP Cabinet Secretary “is the chdepartment” with the powers, duties and authority pursuant to §§22-5The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) ways and means for the regulation and control of pollution of the a“conduct such studies and research relating to air pollution anabatement”. Therefore, under manifold statute authority, West Virginia operates 

established network of ambient air monitors in West Virginia foassessing compliance with the National Ambient Air Quality Congress provided for in the CAA, and such standards promulgat

protect the health and welfare of individual citizens. Monitoring System Operation: To assess NAAQS compliance, network of monitors in West Virginia that have been designated Federal Reference or Federal Equivalent monitors. All ambient subjected to the Quality Assurance requirements of 40 CFR Par

Additionally all monitors have met the minimum siting requiremAppendix E. WVDEP analyzes collected air quality data to determinunder the NAAQS. As required under 40 CFR Part 58, Subpart B at §58.10, West VirgAir Quality Monitoring Network Design Plan was submitted to U.S

2010, and consequently approved by U.S.EPA via letter received b
§110(a)(2)(B) (continued) 

December 20, 2010. On June 22, 2011, West Virginia has also Annual Air Quality Monitoring Network Design Plan to U.S.EPA. On December 14, 2010, USEPA revised the lead NAAQS and lowthreshold that states must use to determine if an air quality monito

near an industrial facility that emits lead. The new emission threshold 

tons per year (tpy), reduced from the previous threshold of 1.0 tpy

required to be located near an emissions source must be operationa2011. In accordance with paragraph 4.5(a) of 40 CFR Part 58, Arequires states to conduct ambient air lead monitoring near lecontribute to a maximum lead concentration in excess of the NAAQ

2011 Annual Air Quality Monitoring Network Design Plan identified source that requires lead monitoring as a result of the lead Ncollocated TSP lead site is required to be installed at an existing Caaccordance with EPA’s Lead Ambient Air Monitoring Requirements. Availability of Data: In order to keep U.S.EPA informed of plann

monitoring site, WVDEP provides EPA Region III with adequate 

Details of these changes and anticipated approvals of the changes to EPA. On an annual basis, WVDEP submits to EPA a monitorinrequired under 40 CFR §58.10, that describes how West Virginia monitoring requirements and explains any changes to the monitoplan also provides for a description of each change, the reason for 

any other information relevant to the change. As provided in West Virginia Code, §§22-5-4(a)(2), 22-5-10 and §CAA, WVDEP will collect and report to EPA ambient air quality 

reports will comply with the federal requirements of 40 CFR §5reviewed, edited, validated, and entered into the EPA air quality updating pursuant to prescribed AQS procedures. The EPA AQS rewithin 90 days after the end of the quarterly reporting period. Data ias required under 40 CFR §58.15. 
§110(a)(2)(C) include a program to provide for 

the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; 

Enforcement of Control Measures for the 2008 Lead NAAQS: P6(a), the WVDEP Cabinet Secretary “is the chief officer of the dep

powers, duties and authority pursuant to §§22-5-2(3) and 22-5-4. The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-54(a)(17) to promulgate rules in accordance with the Administrative (W.Va. Code §§ 29A3-1 et seq.) The Secretary has the authority under W.Va. Code §22-5-4(a)(5) 

requiring compliance with the provisions of this article and tpromulgated hereunder.” The Secretary has the authority under W.Va. Code §22-5-4(a)(9) “to any property, premise or place .... for the purpose of ascertain

compliance with this article and the rules promulgated under the 

article.” The Secretary has the authority under W.Va. Code §22-5-4(a)(16) necessary and convenient to prepare and submit a plan oimplementation, maintenance and enforcement of the Federal Clean AThe Secretary also has the authority under W.Va. Code §22-5-5 directing a person to cease and desist activity which violates the pro

et seq and the rules promulgated pursuant thereto. 

Pursuant to W.Va. Code §22-5-6, violators of the provisions of §22-5

rules promulgated pursuant thereto are subject to civil penalty. West Virginia therefore has an established legal framework and provide for the enforcement of the measures described the §110(athis document, and contained in a permit issued under 45CSR13, 45or 45CSR30 (see below). Regulation of the Modification and Construction of Stationary 

lead NAAQS, West Virginia's permitting program includes the fapproved rules: NSR rule 45CSR13 (68 FR 9559) which provides a p

for construction and modification of minor sources, PSD rule 45CSR

which satisfies the prevention of significant deterioration permit progin Part C of the CAA. West Virginia also has an approved Title V program (66 FR 50325). EPA has not proposed to amend the PSD regulations with regard West Virginia will revise its PSD program to address any applicable 
§110(a)(2)(C) (continued) 

of the lead PSD rules within three years from the date of such amendWest Virginia is authorized to implement its existing PSD permit prensure that the construction and modification of major stationary cause or contribute to a violation of the lead NAAQS through S45CSR14. The purpose of 45CSR14 (76 FR 30832) is to satisfy significant deterioration permit program requirements in Part C of the contains a significance level for lead of 0.6 tpy and a de minimis concentration of 0.1 μg/m3 over a 3 month averaging time. A PSD 

modified) in an attainment area may have a lead emission limitation 45CSR14 based upon a BACT analysis. West Virginia PSD rule 45CSR14 limits PSD applicability with respegas-emitting sources by adopting the applicability thresholds inTailoring Rule. West Virginia’s 2011 legislative rule 45CSR14 becJune 16, 2011. The fully-adopted rule was submitted to EPA as a August 31, 2011. EPA has not proposed to amend the PSD regulatithe lead NAAQS. West Virginia’s SIP-approved minor NSR permitting program under 9559) provides regulation of the modification and construction of statnecessary to assure that the lead NAAQS are achieved. West Virgminor NSR program to address any applicable EPA amendments of twithin three years from the date of such amendments. 
§110(a)(2)(D) contain adequate provisions - 

(i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will-  (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or  (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, (ii) ensuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement); 

State Assessment of Significant Contribution and Interferencarea attainment designations for lead have not been determined, 

identified one source of lead emissions located within 2 miles of thhas an emissions greater than EPA’s threshold of 0.5 tons per yeDraft Guidance on SIP Elements Required Under Section 110(a)(2008 Lead NAAQS, June 17, 2011). The source has emissions whicimpact a neighboring state via interstate transport such that the smay contribute to nonattainment by of interference with required upon West Virginia’s 2009 emissions inventory, Steel of West Vir

tons of lead in 2009. The impact of these emissions will be assess

monitoring data are obtained. In accordance with EPA guidelinesplanning to install a lead monitor near the source. The monitoring assess impact of these emissions, and determine whether the 

contribute to an air quality violation. Because there are no 2008 lead nonattainment areas within 100 mand the physical properties of lead prevent lead emissions from expetravel or formation phenomena as PM2.5 or ozone, it is unlikely that 

source contributes significantly to nonattainment in, or maintenance with regard to lead. As set forth in 45CSR14-4, ambient air quality increments and ceilingto a state boundary. Pursuant to the public review procedures set forth in 45CSR14-17, provide notice to any state affected by a proposed source or modificamust send a copy of the advertisement to the applicant, to the Adofficials and agencies having cognizance over the location whconstruction would occur as follows: any other State or local aagencies, the chief executives of the city and county where the located; any comprehensive regional land use planning agency, aFederal Land Manager, whose lands may be affected by emissions modification. As set forth in 45CSR14-9, any person proposing to construct ostationary source or to make a major modification must demonstemission increases from the proposed source or modification, in cother applicable emission increases or reductions (including secwould not cause or contribute to air pollution in violation of any NaQuality Standard or any applicable maximum allowable increase concentration in any area. 
§110(a)(2)(D) (continued) 

Interference With Required Measures Under Part C: West Virnew major sources and major modifications in the state are subjlegislative rule 45CSR14. The purpose of this West Virginia SIP ap30832) is to satisfy the prevention of significant deterioration requirements in Part C of the CAA. Under 45CSR14, “.....all applicperson to construct major new or modified stationary air pollution solocate in areas with air quality better than the levels set to protect thwelfare, or that might impact those areas, must adequately meet threview procedures and conditions of the Clean Air Act as amendincludes specific federal requirements which ensure that new or m

not interfere with measures to prevent significant deterioration providing a mechanism to prevent the development of any ne

problems. 45CSR14 requires the evaluation of sources of air preclude the construction or relocation of any major stationary modification in any area classified as attaining National Ambient Air or unclassifiable in which the establishment of such source or interfere with the goals of the prevention of significant deterioration o

Ensuring Compliance with Sections 126 and 115: West Virginia 

that it has met its obligations pursuant to CAA Section 126(a) throu45CSR14-7, Public Review Procedures which requires notification potential impacts from a source. West Virginia has no currently ppursuant to CAA Section 126(b). West Virginia has submitted to 

2011) a fully-adopted PSD program under 45CSR14 that applies to pollutants, including GHG. West Virginia has made the necessdemonstrate that West Virginia has adequate provisions ensuring with the requirements of Sections 126 and 115 of the CAA as may be 
§110(a)(2)(E)(i) provide 

(i) necessary assurances that the state (or, except where the 

Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof); 

Personnel: WVDEP has demonstrated adequate personnel implementation plan with respect to the lead NAAQS requiremenemploys adequate personnel and retains specialists under W.Va. Cthat are "necessary, incident or convenient" to accomplish the stacarry out the implementation plan. A staff of approximately 90 full employed at WVDAQ. The West Virginia Air Director supervises compliance and enforcement, hazardous waste, permitting and plawell as three regional DAQ offices, and answers to the WVDEP Because of the nature of the national and state economy, WVDAQ any changes in resources considered necessary during the 5 yesubmittal; and projects a similar resource need at 1, 3, and five year Funding: The APCA provides adequate funding under W.Va. Code 22-5-4(a)(17) to carry out the implementation plan. W.Va. Code §22statutory operating permit requirements for stationary sources under 45CSR30 establishes fees sufficient to cover the direct and administering the air pollution control planning process, Title V program, and support the air pollution control program authorizeAPCA also authorizes the establishment of fees to cover non-Title under 45CSR22. The air quality program also receives revenupenalties (Air Pollution Control Fund) and federal funds under Sectithe CAA, and state general appropriations. Legal Authority: The West Virginia Air Pollution Control Act (APCA)5-1, declares the state's policy "to fulfill its primary responsibility for a

pursuant to the CAA. The WVDEP Cabinet Secretary is authorized 

§§22-1-6(c)(1) and 22-5-4(a)(12) to carry out and represent the stmatters pertaining to the implementation plan. The Secretary has t

W.Va. Code §22-5-4(a)(16) “to do all things necessary and conveni

submit a plan or plans for the implementation, maintenance and eFederal Clean Air Act ....” The Secretary is not prohibited by any por state law from carrying out the implementation plan or portion t

authorities specified are available to The WVDEP Cabinet Secretsubmission of this SIP revision. West Virginia has adopted emission standards and limitations annecessary for attainment and maintenance of national standards. the authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and promulgate rules in accordance with the Administrative Procedures §§ 29A3-1 et seq.). Approximately forty rules revised under the ausare currently in effect and codified at Title 45 of the Code of State Rambient air quality standards for lead and other criteria pollut
§110(a)(2)(E)(i) (continued) 

45CSR8. Statutory permitting requirements are set forth in W.Va. 12. West Virginia has an EPA-approved air permitting program f

minor facilities, under state rules 45CSR13, 45CSR14, 45CSR19 

applicable). Because there are no designated lead nonattainmmaintenance areas, West Virginia has not promulgated legislativemissions limitations or other measures necessary for attainment the 2008 lead NAAQS. The WVDEP Cabinet Secretary is authorized to enforce applicable 

and standards under WV Code §§22-1-6(d)(3), 22-05-4(a)(5) and 

seek injunctive relief under WV Code §22-5-7. The WVDEP Cabinet Secretary is authorized to abate pollutant emergency basis to prevent substantial endangerment to the health 

Code §22-5-5 authorizes the Secretary to issue an order to ceaactivity that violates the Air Pollution Control Act. The Secretary mmodify or revoke a source’s permit. Under §22-5-6, the Secretary 

lawsuits for civil penalties. §22-5-7 authorizes the Secretary to seinjunctive relief. §22-5-8 authorizes the Secretary, with the written aGovernor, to shut down a source of lead emissions, thereby preventair pollutants which substantially contributes to an emergency that r

action to protect public health. As provided in West Virginia Code, 

22-5-10, the Secretary may consult with EPA to affirm accuracy considered while executing authority under §§22-5-5, -6, -7 or -8. The WVDEP Cabinet Secretary is authorized to prevent constructiooperation of a facility, building, structure, or installation, or combina

directly or indirectly results or may result in emissions of any alocation which will prevent the attainment or maintenance of a natiomajor sources and major modifications in West Virginia are subjlegislative rule 45CSR14. The purpose of this West Virginia SIP ap

30832) is to satisfy the prevention of significant deterioration requirements in Part C of the CAA. Under 45CSR14, “.....all applicperson to construct major new or modified stationary air pollution solocate in areas with air quality better than the levels set to protect thwelfare, or that might impact those areas, must adequately meet th

review procedures and conditions of the Clean Air Act as amendincludes specific federal requirements which ensure that new or m

not interfere with measures to prevent significant deterioration providing a mechanism to prevent the development of any ne

problems. 45CSR14 requires the evaluation of sources of air 

preclude the construction or relocation of any major stationary modification in any area classified as attaining National Ambient Air or unclassifiable in which the establishment of such source or 
§110(a)(2)(E)(i) (continued) 

interfere with the goals of the prevention of significant deterioration o

Under WV Code §22-5-4(a)(14), the WVDEP Cabinet Secretary is a

information necessary to determine whether air pollution sources with applicable laws, regulations, and standards. Under WV Code §22-5-4(a)(15), the WVDEP Cabinet Secretary is authorized to requUnder WV Code §22-5-44(a)(9), the WVDEP Cabinet Secretary is a

make inspections and conduct tests of air pollution sources. Under WV Code §22-5-4(a)(15), the WVDEP Cabinet Secretary is auowners or operators of stationary sources to install, maintain, monitoring devices and to make periodic reports to the State oamounts of emissions from such stationary sources. Under WV CWVDEP Cabinet Secretary is authorized to make such data availabreported and as correlated with any applicable emission standards o

§110(a)(2)(E)(ii) (ii) requirements that the state 

comply with the requirements respecting state boards under section 128, and 

State Boards Under Section 128: Because West Virginia does not happroves permits or enforcement orders, this element is not applicabl

§110(a)(2)(E)(iii) (iii) necessary assurances that, 

where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision; 

Responsibility for Implementation of Assured Local Plan Provis

has not relied on any local or regional government, agency, or instimplementation of any state implementation plan provision for lead. 

retain primacy with respect to any future plan that relies on governments, agencies or instrumentalities. By statute, West V

responsibility for ensuring adequate implementation of such a pSecretary has the authority under W.Va. Code §22-5-4(a)(16) necessary and convenient to prepare and submit a plan or plans for tmaintenance and enforcement of the Federal Clean Air Act .....” As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal envirorequire state participation” must “endeavor to obtain and continue s

administration of such federally-mandated programs,.....and to appropriate federal agencies to meet environmental goals.” 
§110(a)(2)(F) require, as may be prescribed by 

the Administrator -  (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources,  (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and  (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection; 

Monitoring: W.Va. Code §22-5-4(a)(15) authorizes the Secretainstallation, maintenance and replacement of equipment, and the other necessary steps by owners or operators of stationary sourcreport emissions of lead from such sources as the Secretary may prauthority, West Virginia requires the installation, maintenance, anmonitoring equipment at stationary sources through permits issued 45CSR14, 45CSR19, 45CSR30, and via compliance orders. West Vthe Air Emission Reporting Rule (AERR) set forth in 40 CFR PaWVDAQ’s emissions inventory program provides source-specific U.S. EPA pursuant to the AERR reporting requirements. WVDAQ 

currently is no state or federal regulation that requires installatemission lead monitors at any stationary source in West Virginia. Reporting: In accordance with the emission reports and recordkeeset forth in 40 CFR §51.211, W.Va. Code §§22-5-4(a)(15) authorizerequire periodic reports on the nature and amounts of emissions and data from owners or operators of stationary sources (monitoring data

to W.Va. Code §§22-5-4(a)(14), the Secretary is authorized to requiras the Secretary may require in a form or manner prescribed (emissions inventory program). Under this authority, West Virginia reports on the nature and amounts of emissions and emissions

stationary sources through permits issued under 45CSR13, 45C

45CSR30, and via compliance orders. WVDAQ periodically reports information to U.S.EPA as required by 40 CFR Part 51, Subparts A a

Correlation of Reports: W.Va. Code §22-1-6(d)(3) authorizes “investigate for violations of statutes or rules which the departmeenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate preports with any lead emission limitations or standards establ

45CSR13, 45CSR14, 45CSR19, 45CSR30 or the CAA. As set forth i5-10, the Secretary makes available at reasonable times for puperiodic emissions reported under §§22-5-4(a)(14) & (15). The responsibility of making all records, reports or information obtained or referred to at public hearings under the provisions of the APCpublic, except to the extent the records, reports or information 

confidentiality pursuant to 45CSR31. The types of records DEP access to include notifications, inspection reports, notices of violaorders, applications, permit review letters, sample results, monitorinapprovals and denials that would relate to §110(a)(2)(F). WVDEP information available for public access through its website, but also reports available upon written request. 
§110(a)(2)(G) provide for authority comparable 

to that in section 303 and adequate contingency plans to implement such authority; 

Comparable Authority: W.Va. Code §22-5-5 authorizes the Secorder to cease and desist any activity that violates the Air PollutioSecretary may also suspend, modify or revoke a source’s permit. U

Secretary may also institute lawsuits for civil penalties. §22-5

Secretary to seek applications for injunctive relief. §22-5-8 authoriwith the written authorization of the Governor, to shut down a source 

thereby preventing the emission of air pollutants which substantially emergency that requires immediate action to protect public health. A

Virginia Code, §§22-5-4(a)(2) and 22-5-10, the Secretary may coaffirm accuracy of any information considered while executing author

-6, -7 or -8. Contingency Plans: West Virginia satisfies the criteria to be clasRegion under 40 CFR §51.150(f) for lead, as it does not meet the criCFR §§51.150(a)-(e). Pursuant to 40 CFR §51.152(c), areas classifinot need to develop episode (contingency) plans. To date, EPA has classification system for lead. 

§110(a)(2)(H) provide for revision of such plan- 

(i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act; 

Revision of NAAQS: To satisfy the SIP revision provisions set forth Code §22-5-4(a)(16) authorizes the Secretary to do all thingconvenient to prepare and submit a plan for the implementation, enforcement of the Clean Air Act. WVDEP has historically revised, arevise its NAAQS rules as necessary to take account of revisioprimary or secondary ambient air quality standards or improved or methods of attaining the standards. Below are brief recent history West Virginia has promulgated various versions of NAAQS rule account of revisions and maintain the primary and secondary NAAQSOn February 8, 2009, West Virginia received full SIP approval of its 

45CSR8 (74 FR 6552). This rule contains ambient air quality standpollutants, including the 2006 PM2.5 NAAQS, equivalent to the na

secondary ambient air quality standards established under Section 1Act, and promulgated by the United States Environmental Protection CFR Part 50 through June 1, 2007. The 2009 version of 45CSR8 includes the revised the 8-hour primozone NAAQS. Revisions to the rule also include deletion of referenone-hour ozone NAAQS. The 2009 rule became effective Junannounced reconsideration of the 2008 primary and secondary ozSeptember 16, 2009. Subsequently, EPA Region III advised the WV 
§110(a)(2)(H) (continued) 

may not be approvable into the SIP because the ozone s

reconsideration. At the request of EPA Region III, 45CSR8 was withd

to the SIP on November 16, 2009. The 2010 version of 45CSR8 included revised the national primary aNAAQS and deletion of redundant methods of measurement langThe 2010 rule became effective June 1, 2010. EPA Region III advthat the 2010 version of 45CSR8 may not be approvable into the ozone standard is under reconsideration. At the request of EPA R

was not submitted as a revision to the SIP. West Virginia submitted a NAAQS SIP revision to EPA Region IIRevisions to the 2011 version of the rule provide for incorporation bNAAQS as promulgated by the U.S. EPA as of June 1, 2010, rather 

NAAQS in the rule. Additionally, the U.S. EPA has revised the primaNAAQS, and 45CSR8 incorporates by reference these revised starule became effective June 16, 2011. Inadequate Plan: W.Va. Code §22-5-4(a)(16) authorizes the Secretnecessary and convenient to prepare and submit a plan for thmaintenance and enforcement of the Clean Air Act. When, if ever, Esubstantially inadequate to attain the NAAQS which it implemencomply with the CAA, West Virginia will revise the plan as necessary 

§110(a)(2)(J) meet the applicable requirements 

of section 121 (relating to consultation) and section 127 (relating to public notification)and part C (relating to prevention of significant deterioration of air quality and visibility protection) 

Consultation: Satisfying the applicable requirements of Section 12

WV APCA provides adequate authority under W.Va. Code §22-Virginia’s practices of consultation with local governments, organManagers for purposes of air pollution control. WVDEP also consults regarding implementation plans for air quality maintenanpreconstruction review of direct sources, nonattainment requiremenof significant deterioration. For the lead NAAQS, West Virginia’s pincludes three SIP approved rules: minor NSR rule 45CSR13 (68 F45CSR14 (76 FR 30832), and major NSR 45CSR19 (71 FR 64468). has an approved Title V operating permit program (66 FR 503previously demonstrated a commitment to such consultation througand support for an Early Action Compact, and through Federconsultation for the WV Haze SIP. 

Notification: W.Va. Code §22-4-(a)(10) authorizes the WVDAQ to imminent and serious hazards to public health. W.Va. Code authority for the public notification of NAAQS violations and edrequired by CAA Section 127. Each year, WVDEP issues a compre

Annual Report, which compares monitored air quality data with the Nthe Air Quality Index. The Report contains emissions informatio
§110(a)(2)(J) (continued)

highlights from the previous year, and provides public awareness oand their effects on health; educational website links to tips that ilinks to technical websites and outreach efforts. PSD and Visibility: Pursuant to the CAA, if a regulated pollutant bregulation under PSD, West Virginia’s PSD rule 45CSR14 implementation of any new PSD requirements that are triggered upoof any new NAAQS. West Virginia submitted 2011 PSD rule 45CSR

III on August 31, 2011. This fully-adopted rule applies to all regulat

including greenhouse gases. There are no new applicable visibility protection obligations under Sas a result of the 2008 lead NAAQS. 

§110(a)(2)(K) provide for: 

(i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator; 

Air Quality Modeling: West Virginia Code, §§22-5-4(a)(1) & (Secretary to “develop ways and means for the regulation and controair of the state” and “conduct such studies and research relating to acontrol and abatement”. Inherent in West Virginia's authority to meet conduct studies and research is the obligation for WVDEP to perequired under the CAA to demonstrate attainment of the NAAQS, as Administrator. WVDAQ employs one full time technical employee whair quality modeling. WVDEP also participates in regional planning as the Association for Southeastern Integrated Planning (ASIPNAAQS modeling for member states. West Virginia will perform mounder the CAA to demonstrate attainment of the lead NAAQS. Air qbe conducted with respect to the lead NAAQS may be source-omodels such as AREMOD. Submission of Data: W.Va. Code §§22-5-4(a)(2), 22-5-10 authorizes the Secretary to submit, upon request by the Administrapredicting the effect on ambient air quality of any emissions of anwhich the Administrator has established a national ambient air quaVirginia will submit to EPA current and future air quality modeling 

relevant SIP submissions and through Federal grant commitments or EPA may request. 

§110(a)(2)(L) require the owner or operator of 

each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee 

Permit Fees for Permit Review, Implementation and Enforcemehas SIP approved PSD rule 45CSR14 (76 FR 30832) and major NS(71 FR 64468) (construction permits). Program permit fees are contThe collected fees have been sufficient to cover permit review, and imenforcement of permit terms and conditions. 
§110(a)(2)(L) (continued) 

sufficient to cover- (i) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V; 

West Virginia also has an approved Title V operating permit program (66 FR 50325). Title V Program permit fees which satisfy the fee dcertification requirements set forth in 40 CFR §70.9 are contained collected fees have been sufficient to cover permit review, and imenforcement of permit terms and conditions. 

§110(a)(2)(M) provide for consultation and 

participation by local political subdivisions affected by the plan; 

Consultation: The WVDEP Cabinet Secretary has the authority u

§22-5-4(a)(16) “to do all things necessary and convenient to prepare 

or plans for the implementation, maintenance and enforcement of the Act .....” Under this statute, and pursuant to the General Plan Requir

40 CFR §51.240, the West Virginia Division of Air Quality is the orgato develop, implement and enforce the SIP. W.Va. Code §22-5-4(a)Secretary to advise, consult and cooperate with local political subdithe implementation plan. West Virginia consults with local governmand Land Managers with respect to SIP development. WVDAQ also consults with such entities regarding implementation pmaintenance requirements, preconstruction review of direct sourc

requirements, and prevention of significant deterioration. Notice and Opportunity for Public Hearing: In accordance 

procedural requirements at 40 CFR §51.102, any plan or plan revcompliance schedule, prepared by WVDAQ is subject to a 30 day pwith public hearing, or in cases where there is little anticipated popportunity for a public hearing. State rules which contain sprocedures include permitting rules 45CSR13, 45CSR14, 45CSR19 a

depwest virginia department of environmental protection

Division of Air Quality

601 57thStreet SE

Charleston, WV 25304

Phone 304/926-0475 • FAX: 304/926-0479

Earl Ray Tomblin, Governor

Randy C. Huffman, Cabinet Secretary

www.dep.wv.gov

September 15,2011

Ms. Diana Esher, Director

Air Protection Division

USEP A Region III

1650 Arch Street (3APOO)

Philadelphia, PA 19103-2029

RE: Proposed West Virginia State Implementation Plan

Revision for Clean Air Act Section 110(a)(2)(A)-(M)

Requirements for Lead

Dear Ms. Esher:

Enclosed for your agency's review and comment is a copy of the proposed West Virginia

State Implementation Plan (SIP) revision for the Clean Air Act Section 110(a)(2)(A)-(M)

requirements for lead. In this proposed SIP revision, the State is demonstrating that it has

adequate resources and authority to implement the 2008 lead NAAQS. Compliance with specific

CAA section 110(a)(2) requirements is detailed in a document demonstrating that the State

meets these express requirements through authorities granted under state laws and regulations, as

well as implementation of existing air programs.

DEP is seeking comments on whether the document adequately demonstrates West

Virginia's compliance with the pertinent federal CAA mandates related to these so-called

infrastructure elements. We are announcing an opportunity for public comment on this proposed

SIP revision. The public comment period begins September 16, 2011 and ends October 17, 2011.

A copy of the public notice is also enclosed.

Please submit any written comments to my attention at the above address. If you or your

staffhas any questions or needs more information regarding this matter, please contact me at

(304) 926-0462.

Sincerely, <./.

~~~~"""'""=---

JAB/wfd

Enclosures

Promoting a healthy environment.
west virginia department of environmental protection

Proposed West Virginia 

State Implementation Plan Revision for 

Clean Air Act Section 110(a)(2)(A)-(M) 

Requirements for Lead 

September 1, 2011 

West Virginia Division of Air Quality 

601 57th Street, SE 

Charleston, W.Va. 25304 

Promoting a healthy environment 
This page intentionally left blank.
Proposed West Virginia State Implementation Plan Revision for 

Clean Air Act Section 110(a)(2)(A)-(M) Requirements for Lead 

A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain thNational Ambient Air Quality Standards (NAAQS). The SIP is a series of complex, fluid documents containing regurequirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulEnvironmental Protection Agency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972. SIPs cwith EPA approval as necessary. The federally enforceable SIP for West Virginia is compiled in 40 CFR Part 52, Suto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2008 lead NThis SIP revision addresses requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) many of which hother SIP revisions. It is a compilation of elements that demonstrate how the 2008 lead NAAQS is being implemente

enforced in West Virginia. The elements of this SIP revision, once approved by EPA, will provide a federally enforc

West Virginia will continue to comply with the Section 110(a)(2) requirements of the CAA. In 1961, the State Legislature passed the Air Pollution Control Law of West Virginia, making West Virginia the sixt

statewide air pollution control law. The law provided for a separate state agency composed of a seven member Commstaff. The powers, authorities and funding of the original Commission were subsequently conveyed to the Office of Athe Division of Air Quality (WVDAQ) within the West Virginia Department of Environmental Protection (WVDEP

legal authorities now incorporate over 90 full time staff, with a multi-million dollar annual budget and approximately 

DAQ has a variety of substantial funding sources, including construction/modification permit fees, Title V operating 

operating fees, general State revenue and federal grant monies. The agency has demonstrated the ability to implemenrequirements for fifty years as most recently evidenced by federally approved 1997 ozone standard maintenance SIP

Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter NAAQS. LegWest Virginia air quality program relating to the responsibilities in the Clean Air Act is codified in the West VirginiAct, W.Va. Code §22-5, more specifically §22-5-1, which gives West Virginia the primary responsibility for assurin

the CAA.Many elements of Section 110(a)(2)(A)-(M) already exist in the approved SIP or recently submitted SIP revisions fo

revision may reiterate and/or reinforce some of these previously submitted and/or approved elements. Some requireintergovernmental consultation, air quality modeling and compliance with Part D of the CAA, are fulfilled during th

submission to EPA, as a SIP revision, of attainment plans and related requirements due under Subpart 1 and, in the c

the CAA. West Virginia has no designated lead non-attainment areas. 
Section 

110(a) element The implementation plan shall: West Virginia Implementation 

§110(a)(2)(A) include enforceable emission 

limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this Act. 

Enforceable Emission Limitations and Other Control Measures: Tthe authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and promulgate rules in accordance with the Administrative Procedures §§ 29A3-1 et seq.). Approximately forty rules implemented under thAPCA are currently in effect and codified at Title 45 of the West Virg

Rules, including the ambient air quality standards for criteria pollutancontained in 45CSR8. Enforceable emission limitations and other co

lead may be found in the Code of State Rules as necessary or approapplicable requirements of the CAA: 45CSR7 - The purpose of this West Virginia SIP approved rule (50 control particulate matter air pollution from manufacturing processeoperations. Section 4.13 of 45CSR7 addresses potential haemissions. Persons responsible for manufacturing process source which hazardous particulate matter material may be emitted such as, lead, arsenic, beryllium and other such materials shall give the consideration to the potential harmful effects of the emissions reactivities. Evaluations of these facilities as to adequacy, efficien

potential will be made on an individual basis by the WVDAQ D

conjunction with other appropriate governmental agencies. 45CSR13 - The purpose of this West Virginia SIP approved rule (68 forth the procedures for stationary source reporting, and the criter

permit to construct and operate a new stationary source which is not source, to modify a non-major stationary source, to make modificatimajor modifications to an existing major stationary source, to restationary sources within the state of West Virginia. Lead is a “reguldefined under 45CSR13-2.20. Lead has a plantwide permitting de min

1200 lbs per year established in Table 45-13A. An increase of 10 

minimus level, or 120 lbs per year of lead is, triggers a modification un45CSR14 - The purpose of this West Virginia SIP approved rule (7satisfy the prevention of significant deterioration permit program requ

of the CAA. 45CSR14 contains a significance level for lead of 0.6 tpy air quality impact concentration of 0.1 μg/m3 over a 3 month avera

source in an attainment area may have a lead emission limitation 45CSR14 based upon a BACT analysis. 
§110(a)(2)(A) (continued) 

45CSR19 - The purpose of this West Virginia SIP approved rule (7satisfy the nonattainment area new source review permit program req

D of the CAA. 45CSR19 contains a significance level for lead of source in a lead non-attainment area may have a lead emission limunder 45CSR19 based upon a LAER analysis. West Virginia has nnon-attainment areas. 45CSR34 - This West Virginia federal delegation rule establisheprogram of national emission standards for hazardous air pollutancompounds) and other regulatory requirements promulgated by tEnvironmental Protection Agency (USEPA) pursuant to 40 CFR Par112 of the federal Clean Air Act, as amended. West Virginia has depursuant to a January 2010 letter from EPA Region III which continfor West Virginia to implement and enforce certain federal NaStandards for Hazardous Air Pollutants and New Source Performincluding Subpart YYYYY - National Emission Standards for Hazard

for Area Sources: Electric Arc Furnace Steelmaking Facilities. Unde

the Standards and Compliance Requirements set forth in 40 CFR §requirements for the control of contaminants from scrap, including ch

lead, and free organic liquids. Such requirements include either a poplan or restrictions on metallic scrap. 45CSR30 - This West Virginia rule establishes a permitting program pof the CAA. Any major stationary source subject to enforceablimitations or control measures pursuant to 45CSR7, 45CSR13, 45C

or 45CSR34 will be contained in a permit issued by West Virginia unTitle V permit program. The effective date of interim approval of Wes

Program and 45CSR30 was 12/15/95. U.S.EPA fully approved the Wprogram via DFR published on 10/03/01 (66 FR 50325). U.S.EPA ato 45CSR30 contained in DAQ’s 07/01/01 rule via a separate D10/09/01 (66 FR 51318). These revisions became federally effective 

Pursuant to West Virginia Code, §22-5-1 declares the state’s public primary responsibility for assuring air quality pursuant to the ‘Federal 

amended.” The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) ways and means for the regulation and control of pollution of the air 

“conduct such studies and research relating to air pollution and abatement”. 
§110(a)(2)(B) provide for establishment and 

operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to the Administrator; 

Establishment of Monitoring System: Pursuant to West Virginia C“protecting the environment is fundamental to the health and wecitizens,” and, the state “has a duty to provide and maintain a health

our citizens.” Under §22-1-1(a)(2), “the state has the primary protecting the environment.” §22-1-1(b) “declares that the esdepartment of environmental protection is in the public interest” and of the state .....to use all practical means and measures to prevent o

the environment and biosphere, to create and maintain conditions and nature can exist in productive harmony, .....” Additionally, §22-5-1 declares the state’s public policy “to fulfill its prifor assuring air quality pursuant to the ‘Federal Clean Air Act’, as am

As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal envirorequire state participation” must “endeavor to obtain and continue sadministration of such federally-mandated programs,.....and to appropriate federal agencies to meet environmental goals.” 

Under §22-1-6(a), the WVDEP Cabinet Secretary “is the chdepartment” with the powers, duties and authority pursuant to §§22-5The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) ways and means for the regulation and control of pollution of the a“conduct such studies and research relating to air pollution anabatement”. Therefore, under manifold statute authority, West Virginia operates 

established network of ambient air monitors in West Virginia foassessing compliance with the National Ambient Air Quality Congress provided for in the CAA, and such standards promulgat

protect the health and welfare of individual citizens. Monitoring System Operation: To assess NAAQS compliance, network of monitors in West Virginia that have been designated Federal Reference or Federal Equivalent monitors. All ambient subjected to the Quality Assurance requirements of 40 CFR Par

Additionally all monitors have met the minimum siting requiremAppendix E. WVDEP analyzes collected air quality data to determinunder the NAAQS. As required under 40 CFR Part 58, Subpart B at §58.10, West VirgAir Quality Monitoring Network Design Plan was submitted to U.S

2010, and consequently approved by U.S.EPA via letter received b
§110(a)(2)(B) (continued) 

December 20, 2010. On June 22, 2011, West Virginia has also Annual Air Quality Monitoring Network Design Plan to U.S.EPA. On December 14, 2010, USEPA revised the lead NAAQS and lowthreshold that states must use to determine if an air quality monito

near an industrial facility that emits lead. The new emission threshold 

tons per year (tpy), reduced from the previous threshold of 1.0 tpy

required to be located near an emissions source must be operationa2011. In accordance with paragraph 4.5(a) of 40 CFR Part 58, Arequires states to conduct ambient air lead monitoring near lecontribute to a maximum lead concentration in excess of the NAAQ

2011 Annual Air Quality Monitoring Network Design Plan identified source that requires lead monitoring as a result of the lead Ncollocated TSP lead site is required to be installed at an existing Caaccordance with EPA’s Lead Ambient Air Monitoring Requirements. Availability of Data: In order to keep U.S.EPA informed of plann

monitoring site, WVDEP provides EPA Region III with adequate 

Details of these changes and anticipated approvals of the changes to EPA. On an annual basis, WVDEP submits to EPA a monitorinrequired under 40 CFR §58.10, that describes how West Virginia monitoring requirements and explains any changes to the monitoplan also provides for a description of each change, the reason for 

any other information relevant to the change. As provided in West Virginia Code, §§22-5-4(a)(2), 22-5-10 and §CAA, WVDEP will collect and report to EPA ambient air quality 

reports will comply with the federal requirements of 40 CFR §5reviewed, edited, validated, and entered into the EPA air quality updating pursuant to prescribed AQS procedures. The EPA AQS rewithin 90 days after the end of the quarterly reporting period. Data ias required under 40 CFR §58.15. 
§110(a)(2)(C) include a program to provide for 

the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; 

Enforcement of Control Measures for the 2008 Lead NAAQS: P6(a), the WVDEP Cabinet Secretary “is the chief officer of the dep

powers, duties and authority pursuant to §§22-5-2(3) and 22-5-4. The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-54(a)(17) to promulgate rules in accordance with the Administrative (W.Va. Code §§ 29A3-1 et seq.) The Secretary has the authority under W.Va. Code §22-5-4(a)(5) 

requiring compliance with the provisions of this article and tpromulgated hereunder.” The Secretary has the authority under W.Va. Code §22-5-4(a)(9) “to any property, premise or place .... for the purpose of ascertain

compliance with this article and the rules promulgated under the 

article.” The Secretary has the authority under W.Va. Code §22-5-4(a)(16) necessary and convenient to prepare and submit a plan oimplementation, maintenance and enforcement of the Federal Clean AThe Secretary also has the authority under W.Va. Code §22-5-5 directing a person to cease and desist activity which violates the pro

et seq and the rules promulgated pursuant thereto. 

Pursuant to W.Va. Code §22-5-6, violators of the provisions of §22-5

rules promulgated pursuant thereto are subject to civil penalty. West Virginia therefore has an established legal framework and provide for the enforcement of the measures described the §110(athis document, and contained in a permit issued under 45CSR13, 45or 45CSR30 (see below). Regulation of the Modification and Construction of Stationary 

lead NAAQS, West Virginia's permitting program includes the fapproved rules: NSR rule 45CSR13 (68 FR 9559) which provides a p

for construction and modification of minor sources, PSD rule 45CSR

which satisfies the prevention of significant deterioration permit progin Part C of the CAA. West Virginia also has an approved Title V program (66 FR 50325). EPA has not proposed to amend the PSD regulations with regard West Virginia will revise its PSD program to address any applicable 
§110(a)(2)(C) (continued) 

of the lead PSD rules within three years from the date of such amendWest Virginia is authorized to implement its existing PSD permit prensure that the construction and modification of major stationary cause or contribute to a violation of the lead NAAQS through S45CSR14. The purpose of 45CSR14 (76 FR 30832) is to satisfy significant deterioration permit program requirements in Part C of the contains a significance level for lead of 0.6 tpy and a de minimis concentration of 0.1 μg/m3 over a 3 month averaging time. A PSD 

modified) in an attainment area may have a lead emission limitation 45CSR14 based upon a BACT analysis. West Virginia PSD rule 45CSR14 limits PSD applicability with respegas-emitting sources by adopting the applicability thresholds inTailoring Rule. West Virginia’s 2011 legislative rule 45CSR14 becJune 16, 2011. The fully-adopted rule was submitted to EPA as a August 31, 2011. EPA has not proposed to amend the PSD regulatithe lead NAAQS. West Virginia’s SIP-approved minor NSR permitting program under 9559) provides regulation of the modification and construction of statnecessary to assure that the lead NAAQS are achieved. West Virgminor NSR program to address any applicable EPA amendments of twithin three years from the date of such amendments. 
§110(a)(2)(D) contain adequate provisions - 

(i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will-  (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or  (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, (ii) ensuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement); 

State Assessment of Significant Contribution and Interferencarea attainment designations for lead have not been determined, 

identified one source of lead emissions located within 2 miles of thhas an emissions greater than EPA’s threshold of 0.5 tons per yeDraft Guidance on SIP Elements Required Under Section 110(a)(2008 Lead NAAQS, June 17, 2011). The source has emissions whicimpact a neighboring state via interstate transport such that the smay contribute to nonattainment by of interference with required upon West Virginia’s 2009 emissions inventory, Steel of West Vir

tons of lead in 2009. The impact of these emissions will be assess

monitoring data are obtained. In accordance with EPA guidelinesplanning to install a lead monitor near the source. The monitoring assess impact of these emissions, and determine whether the 

contribute to an air quality violation. Because there are no 2008 lead nonattainment areas within 100 mand the physical properties of lead prevent lead emissions from expetravel or formation phenomena as PM2.5 or ozone, it is unlikely that 

source contributes significantly to nonattainment in, or maintenance with regard to lead. As set forth in 45CSR14-4, ambient air quality increments and ceilingto a state boundary. Pursuant to the public review procedures set forth in 45CSR14-17, provide notice to any state affected by a proposed source or modificamust send a copy of the advertisement to the applicant, to the Adofficials and agencies having cognizance over the location whconstruction would occur as follows: any other State or local aagencies, the chief executives of the city and county where the located; any comprehensive regional land use planning agency, aFederal Land Manager, whose lands may be affected by emissions modification. As set forth in 45CSR14-9, any person proposing to construct ostationary source or to make a major modification must demonstemission increases from the proposed source or modification, in cother applicable emission increases or reductions (including secwould not cause or contribute to air pollution in violation of any NaQuality Standard or any applicable maximum allowable increase concentration in any area. 
§110(a)(2)(D) (continued) 

Interference With Required Measures Under Part C: West Virnew major sources and major modifications in the state are subjlegislative rule 45CSR14. The purpose of this West Virginia SIP ap30832) is to satisfy the prevention of significant deterioration requirements in Part C of the CAA. Under 45CSR14, “.....all applicperson to construct major new or modified stationary air pollution solocate in areas with air quality better than the levels set to protect thwelfare, or that might impact those areas, must adequately meet threview procedures and conditions of the Clean Air Act as amendincludes specific federal requirements which ensure that new or m

not interfere with measures to prevent significant deterioration providing a mechanism to prevent the development of any ne

problems. 45CSR14 requires the evaluation of sources of air preclude the construction or relocation of any major stationary modification in any area classified as attaining National Ambient Air or unclassifiable in which the establishment of such source or interfere with the goals of the prevention of significant deterioration o

Ensuring Compliance with Sections 126 and 115: West Virginia 

that it has met its obligations pursuant to CAA Section 126(a) throu45CSR14-7, Public Review Procedures which requires notification potential impacts from a source. West Virginia has no currently ppursuant to CAA Section 126(b). West Virginia has submitted to 

2011) a fully-adopted PSD program under 45CSR14 that applies to pollutants, including GHG. West Virginia has made the necessdemonstrate that West Virginia has adequate provisions ensuring with the requirements of Sections 126 and 115 of the CAA as may be 
§110(a)(2)(E)(i) provide 

(i) necessary assurances that the state (or, except where the 

Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof); 

Personnel: WVDEP has demonstrated adequate personnel implementation plan with respect to the lead NAAQS requiremenemploys adequate personnel and retains specialists under W.Va. Cthat are "necessary, incident or convenient" to accomplish the stacarry out the implementation plan. A staff of approximately 90 full employed at WVDAQ. The West Virginia Air Director supervises compliance and enforcement, hazardous waste, permitting and plawell as three regional DAQ offices, and answers to the WVDEP Because of the nature of the national and state economy, WVDAQ any changes in resources considered necessary during the 5 yesubmittal; and projects a similar resource need at 1, 3, and five year Funding: The APCA provides adequate funding under W.Va. Code 22-5-4(a)(17) to carry out the implementation plan. W.Va. Code §22statutory operating permit requirements for stationary sources under 45CSR30 establishes fees sufficient to cover the direct and administering the air pollution control planning process, Title V program, and support the air pollution control program authorizeAPCA also authorizes the establishment of fees to cover non-Title under 45CSR22. The air quality program also receives revenupenalties (Air Pollution Control Fund) and federal funds under Sectithe CAA, and state general appropriations. Legal Authority: The West Virginia Air Pollution Control Act (APCA)5-1, declares the state's policy "to fulfill its primary responsibility for a

pursuant to the CAA. The WVDEP Cabinet Secretary is authorized 

§§22-1-6(c)(1) and 22-5-4(a)(12) to carry out and represent the stmatters pertaining to the implementation plan. The Secretary has t

W.Va. Code §22-5-4(a)(16) “to do all things necessary and conveni

submit a plan or plans for the implementation, maintenance and eFederal Clean Air Act ....” The Secretary is not prohibited by any por state law from carrying out the implementation plan or portion t

authorities specified are available to The WVDEP Cabinet Secretsubmission of this SIP revision. West Virginia has adopted emission standards and limitations annecessary for attainment and maintenance of national standards. the authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and promulgate rules in accordance with the Administrative Procedures §§ 29A3-1 et seq.). Approximately forty rules revised under the ausare currently in effect and codified at Title 45 of the Code of State Rambient air quality standards for lead and other criteria pollut
§110(a)(2)(E)(i) (continued) 

45CSR8. Statutory permitting requirements are set forth in W.Va. 12. West Virginia has an EPA-approved air permitting program f

minor facilities, under state rules 45CSR13, 45CSR14, 45CSR19 

applicable). Because there are no designated lead nonattainmmaintenance areas, West Virginia has not promulgated legislativemissions limitations or other measures necessary for attainment the 2008 lead NAAQS. The WVDEP Cabinet Secretary is authorized to enforce applicable 

and standards under WV Code §§22-1-6(d)(3), 22-05-4(a)(5) and 

seek injunctive relief under WV Code §22-5-7. The WVDEP Cabinet Secretary is authorized to abate pollutant emergency basis to prevent substantial endangerment to the health 

Code §22-5-5 authorizes the Secretary to issue an order to ceaactivity that violates the Air Pollution Control Act. The Secretary mmodify or revoke a source’s permit. Under §22-5-6, the Secretary 

lawsuits for civil penalties. §22-5-7 authorizes the Secretary to seinjunctive relief. §22-5-8 authorizes the Secretary, with the written aGovernor, to shut down a source of lead emissions, thereby preventair pollutants which substantially contributes to an emergency that r

action to protect public health. As provided in West Virginia Code, 

22-5-10, the Secretary may consult with EPA to affirm accuracy considered while executing authority under §§22-5-5, -6, -7 or -8. The WVDEP Cabinet Secretary is authorized to prevent constructiooperation of a facility, building, structure, or installation, or combina

directly or indirectly results or may result in emissions of any alocation which will prevent the attainment or maintenance of a natiomajor sources and major modifications in West Virginia are subjlegislative rule 45CSR14. The purpose of this West Virginia SIP ap

30832) is to satisfy the prevention of significant deterioration requirements in Part C of the CAA. Under 45CSR14, “.....all applicperson to construct major new or modified stationary air pollution solocate in areas with air quality better than the levels set to protect thwelfare, or that might impact those areas, must adequately meet th

review procedures and conditions of the Clean Air Act as amendincludes specific federal requirements which ensure that new or m

not interfere with measures to prevent significant deterioration providing a mechanism to prevent the development of any ne

problems. 45CSR14 requires the evaluation of sources of air 

preclude the construction or relocation of any major stationary modification in any area classified as attaining National Ambient Air or unclassifiable in which the establishment of such source or 
§110(a)(2)(E)(i) (continued) 

interfere with the goals of the prevention of significant deterioration o

Under WV Code §22-5-4(a)(14), the WVDEP Cabinet Secretary is a

information necessary to determine whether air pollution sources with applicable laws, regulations, and standards. Under WV Code §22-5-4(a)(15), the WVDEP Cabinet Secretary is authorized to requUnder WV Code §22-5-44(a)(9), the WVDEP Cabinet Secretary is a

make inspections and conduct tests of air pollution sources. Under WV Code §22-5-4(a)(15), the WVDEP Cabinet Secretary is auowners or operators of stationary sources to install, maintain, monitoring devices and to make periodic reports to the State oamounts of emissions from such stationary sources. Under WV CWVDEP Cabinet Secretary is authorized to make such data availabreported and as correlated with any applicable emission standards o

§110(a)(2)(E)(ii) (ii) requirements that the state 

comply with the requirements respecting state boards under section 128, and 

State Boards Under Section 128: Because West Virginia does not happroves permits or enforcement orders, this element is not applicabl

§110(a)(2)(E)(iii) (iii) necessary assurances that, 

where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision; 

Responsibility for Implementation of Assured Local Plan Provis

has not relied on any local or regional government, agency, or instimplementation of any state implementation plan provision for lead. 

retain primacy with respect to any future plan that relies on governments, agencies or instrumentalities. By statute, West V

responsibility for ensuring adequate implementation of such a pSecretary has the authority under W.Va. Code §22-5-4(a)(16) necessary and convenient to prepare and submit a plan or plans for tmaintenance and enforcement of the Federal Clean Air Act .....” As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal envirorequire state participation” must “endeavor to obtain and continue s

administration of such federally-mandated programs,.....and to appropriate federal agencies to meet environmental goals.” 
§110(a)(2)(F) require, as may be prescribed by 

the Administrator -  (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources,  (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and  (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection; 

Monitoring: W.Va. Code §22-5-4(a)(15) authorizes the Secretainstallation, maintenance and replacement of equipment, and the other necessary steps by owners or operators of stationary sourcreport emissions of lead from such sources as the Secretary may prauthority, West Virginia requires the installation, maintenance, anmonitoring equipment at stationary sources through permits issued 45CSR14, 45CSR19, 45CSR30, and via compliance orders. West Vthe Air Emission Reporting Rule (AERR) set forth in 40 CFR PaWVDAQ’s emissions inventory program provides source-specific U.S. EPA pursuant to the AERR reporting requirements. WVDAQ 

currently is no state or federal regulation that requires installatemission lead monitors at any stationary source in West Virginia. Reporting: In accordance with the emission reports and recordkeeset forth in 40 CFR §51.211, W.Va. Code §§22-5-4(a)(15) authorizerequire periodic reports on the nature and amounts of emissions and data from owners or operators of stationary sources (monitoring data

to W.Va. Code §§22-5-4(a)(14), the Secretary is authorized to requiras the Secretary may require in a form or manner prescribed (emissions inventory program). Under this authority, West Virginia reports on the nature and amounts of emissions and emissions

stationary sources through permits issued under 45CSR13, 45C

45CSR30, and via compliance orders. WVDAQ periodically reports information to U.S.EPA as required by 40 CFR Part 51, Subparts A a

Correlation of Reports: W.Va. Code §22-1-6(d)(3) authorizes “investigate for violations of statutes or rules which the departmeenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate preports with any lead emission limitations or standards establ

45CSR13, 45CSR14, 45CSR19, 45CSR30 or the CAA. As set forth i5-10, the Secretary makes available at reasonable times for puperiodic emissions reported under §§22-5-4(a)(14) & (15). The responsibility of making all records, reports or information obtained or referred to at public hearings under the provisions of the APCpublic, except to the extent the records, reports or information 

confidentiality pursuant to 45CSR31. The types of records DEP access to include notifications, inspection reports, notices of violaorders, applications, permit review letters, sample results, monitorinapprovals and denials that would relate to §110(a)(2)(F). WVDEP information available for public access through its website, but also reports available upon written request. 
§110(a)(2)(G) provide for authority comparable 

to that in section 303 and adequate contingency plans to implement such authority; 

Comparable Authority: W.Va. Code §22-5-5 authorizes the Secorder to cease and desist any activity that violates the Air PollutioSecretary may also suspend, modify or revoke a source’s permit. U

Secretary may also institute lawsuits for civil penalties. §22-5

Secretary to seek applications for injunctive relief. §22-5-8 authoriwith the written authorization of the Governor, to shut down a source 

thereby preventing the emission of air pollutants which substantially emergency that requires immediate action to protect public health. A

Virginia Code, §§22-5-4(a)(2) and 22-5-10, the Secretary may coaffirm accuracy of any information considered while executing author

-6, -7 or -8. Contingency Plans: West Virginia satisfies the criteria to be clasRegion under 40 CFR §51.150(f) for lead, as it does not meet the criCFR §§51.150(a)-(e). Pursuant to 40 CFR §51.152(c), areas classifinot need to develop episode (contingency) plans. To date, EPA has classification system for lead. 

§110(a)(2)(H) provide for revision of such plan- 

(i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act; 

Revision of NAAQS: To satisfy the SIP revision provisions set forth Code §22-5-4(a)(16) authorizes the Secretary to do all thingconvenient to prepare and submit a plan for the implementation, enforcement of the Clean Air Act. WVDEP has historically revised, arevise its NAAQS rules as necessary to take account of revisioprimary or secondary ambient air quality standards or improved or methods of attaining the standards. Below are brief recent history West Virginia has promulgated various versions of NAAQS rule account of revisions and maintain the primary and secondary NAAQSOn February 8, 2009, West Virginia received full SIP approval of its 

45CSR8 (74 FR 6552). This rule contains ambient air quality standpollutants, including the 2006 PM2.5 NAAQS, equivalent to the na

secondary ambient air quality standards established under Section 1Act, and promulgated by the United States Environmental Protection CFR Part 50 through June 1, 2007. The 2009 version of 45CSR8 includes the revised the 8-hour primozone NAAQS. Revisions to the rule also include deletion of referenone-hour ozone NAAQS. The 2009 rule became effective Junannounced reconsideration of the 2008 primary and secondary ozSeptember 16, 2009. Subsequently, EPA Region III advised the WV 
§110(a)(2)(H) (continued) 

may not be approvable into the SIP because the ozone s

reconsideration. At the request of EPA Region III, 45CSR8 was withd

to the SIP on November 16, 2009. The 2010 version of 45CSR8 included revised the national primary aNAAQS and deletion of redundant methods of measurement langThe 2010 rule became effective June 1, 2010. EPA Region III advthat the 2010 version of 45CSR8 may not be approvable into the ozone standard is under reconsideration. At the request of EPA R

was not submitted as a revision to the SIP. West Virginia submitted a NAAQS SIP revision to EPA Region IIRevisions to the 2011 version of the rule provide for incorporation bNAAQS as promulgated by the U.S. EPA as of June 1, 2010, rather 

NAAQS in the rule. Additionally, the U.S. EPA has revised the primaNAAQS, and 45CSR8 incorporates by reference these revised starule became effective June 16, 2011. Inadequate Plan: W.Va. Code §22-5-4(a)(16) authorizes the Secretnecessary and convenient to prepare and submit a plan for thmaintenance and enforcement of the Clean Air Act. When, if ever, Esubstantially inadequate to attain the NAAQS which it implemencomply with the CAA, West Virginia will revise the plan as necessary 

§110(a)(2)(J) meet the applicable requirements 

of section 121 (relating to consultation) and section 127 (relating to public notification)and part C (relating to prevention of significant deterioration of air quality and visibility protection) 

Consultation: Satisfying the applicable requirements of Section 12

WV APCA provides adequate authority under W.Va. Code §22-Virginia’s practices of consultation with local governments, organManagers for purposes of air pollution control. WVDEP also consults regarding implementation plans for air quality maintenanpreconstruction review of direct sources, nonattainment requiremenof significant deterioration. For the lead NAAQS, West Virginia’s pincludes three SIP approved rules: minor NSR rule 45CSR13 (68 F45CSR14 (76 FR 30832), and major NSR 45CSR19 (71 FR 64468). has an approved Title V operating permit program (66 FR 503previously demonstrated a commitment to such consultation througand support for an Early Action Compact, and through Federconsultation for the WV Haze SIP. 

Notification: W.Va. Code §22-4-(a)(10) authorizes the WVDAQ to imminent and serious hazards to public health. W.Va. Code authority for the public notification of NAAQS violations and edrequired by CAA Section 127. Each year, WVDEP issues a compre

Annual Report, which compares monitored air quality data with the Nthe Air Quality Index. The Report contains emissions informatio
§110(a)(2)(J) (continued)

highlights from the previous year, and provides public awareness oand their effects on health; educational website links to tips that ilinks to technical websites and outreach efforts. PSD and Visibility: Pursuant to the CAA, if a regulated pollutant bregulation under PSD, West Virginia’s PSD rule 45CSR14 implementation of any new PSD requirements that are triggered upoof any new NAAQS. West Virginia submitted 2011 PSD rule 45CSR

III on August 31, 2011. This fully-adopted rule applies to all regulat

including greenhouse gases. There are no new applicable visibility protection obligations under Sas a result of the 2008 lead NAAQS. 

§110(a)(2)(K) provide for: 

(i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator; 

Air Quality Modeling: West Virginia Code, §§22-5-4(a)(1) & (Secretary to “develop ways and means for the regulation and controair of the state” and “conduct such studies and research relating to acontrol and abatement”. Inherent in West Virginia's authority to meet conduct studies and research is the obligation for WVDEP to perequired under the CAA to demonstrate attainment of the NAAQS, as Administrator. WVDAQ employs one full time technical employee whair quality modeling. WVDEP also participates in regional planning as the Association for Southeastern Integrated Planning (ASIPNAAQS modeling for member states. West Virginia will perform mounder the CAA to demonstrate attainment of the lead NAAQS. Air qbe conducted with respect to the lead NAAQS may be source-omodels such as AREMOD. Submission of Data: W.Va. Code §§22-5-4(a)(2), 22-5-10 authorizes the Secretary to submit, upon request by the Administrapredicting the effect on ambient air quality of any emissions of anwhich the Administrator has established a national ambient air quaVirginia will submit to EPA current and future air quality modeling 

relevant SIP submissions and through Federal grant commitments or EPA may request. 

§110(a)(2)(L) require the owner or operator of 

each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee 

Permit Fees for Permit Review, Implementation and Enforcemehas SIP approved PSD rule 45CSR14 (76 FR 30832) and major NS(71 FR 64468) (construction permits). Program permit fees are contThe collected fees have been sufficient to cover permit review, and imenforcement of permit terms and conditions. 
§110(a)(2)(L) (continued) 

sufficient to cover- (i) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V; 

West Virginia also has an approved Title V operating permit program (66 FR 50325). Title V Program permit fees which satisfy the fee dcertification requirements set forth in 40 CFR §70.9 are contained collected fees have been sufficient to cover permit review, and imenforcement of permit terms and conditions. 

§110(a)(2)(M) provide for consultation and 

participation by local political subdivisions affected by the plan; 

Consultation: The WVDEP Cabinet Secretary has the authority u

§22-5-4(a)(16) “to do all things necessary and convenient to prepare 

or plans for the implementation, maintenance and enforcement of the Act .....” Under this statute, and pursuant to the General Plan Requir

40 CFR §51.240, the West Virginia Division of Air Quality is the orgato develop, implement and enforce the SIP. W.Va. Code §22-5-4(a)Secretary to advise, consult and cooperate with local political subdithe implementation plan. West Virginia consults with local governmand Land Managers with respect to SIP development. WVDAQ also consults with such entities regarding implementation pmaintenance requirements, preconstruction review of direct sourc

requirements, and prevention of significant deterioration. Notice and Opportunity for Public Hearing: In accordance 

procedural requirements at 40 CFR §51.102, any plan or plan revcompliance schedule, prepared by WVDAQ is subject to a 30 day pwith public hearing, or in cases where there is little anticipated popportunity for a public hearing. State rules which contain sprocedures include permitting rules 45CSR13, 45CSR14, 45CSR19 a

NOTICE OF PUBLIC COMMENT PERIOD

The West Virginia Department of Environmental Protection (DEP) is announcing an

opportunity for public comment on a proposed revision to the State Implementation Plan (SIP)

regarding the most recently promulgated National Ambient Air Quality Standards (NAAQS) for

lead. The SIP is the plan developed by West Virginia in order to fulfill its responsibilities under

the Clean Air Act (CAA) to attain and maintain the NAAQS promulgated by the U.S.

Environmental Protection Agency (U.S. EPA). The public comment period begins September 16,

2011 and ends October 17, 2011.

In this proposed revision to the SIP, West Virginia is demonstrating that it has adequate

resources and authority to implement the 2008 lead NAAQS. Compliance with specific CAA

section 110(a)(2) requirements is detailed in a document demonstrating that the State meets these

express requirements through authorities granted under state laws and regulations, as well as

implementation of existing air programs. DEP is seeking comments on whether the document

adequately demonstrates West Virginia’s compliance with the pertinent federal CAA mandates

related to these so-called infrastructure elements. 

Upon completion of the public notice period, and after addressing any written comment,

the DEP will submit the final documentation to the U.S. EPA as a revision to the SIP. This

proposed SIP revision is considered to be non-controversial in nature. Therefore, a public

hearing will be held only if requested in writing, and the written request is received by October

17, 2011. Any person who requests a public hearing should identify any substantive issue they

intend to raise in a hearing. If properly requested, the hearing will be held beginning at 6:00 p.m.

on October 24, 2011 at the address below and the public comment period will be extended until

the close of the hearing. A public notice announcing whether a hearing will be held will be

posted in the West Virginia Register published on October 21, 2011. 

Copies of the proposed CAA §110(a)(2) SIP revision may be viewed between 8:30 a.m.

and 4:30 p.m. at the DEP-Division of Air Quality, 601 57th SE, Charleston, WV 25304,

beginning September 16, 2011, or electronically upon e-mail request to:

Tammy.L.Mowrer@wv.gov. The proposal may also be accessed via the following web address:

http://www.dep.wv.gov/daq/General/Pages/PublicNoticeandComment.aspx 

Send written comments to be included in the formal record to John A. Benedict, Director,

Division of Air Quality at the above address. Please identify the document to which the

comments apply, the commenter’s name, address, and telephone number. Comments will also

be accepted by e-mail if received by 5:00 p.m. on October 17, 2011 to:

Tammy.L.Mowrer@wv.gov. Comments submitted by U.S. Mail must be postmarked by October

17, 2011.



TOTAL INVOICE AMOUNT 1 ..I..- --L._l_8_2_._8_6---..J1

State of West Virgin%, AFFIDA VIT OF PUBLICATION

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THE CHARLESTON GAZETTE~ /

THE DAILY MAIL,

do solemnly swear that the legal notice of:

NOTICE OF PUBLIC COMMENT

was duly published in said newspaper(s) at the stated price for the respective newspaper(s) and during the dates listed below,

/)-;r- /' "'f; ~/11-09/16/11

Subscribed and sworn to before me this >td day of ~r;;:~ U-<~~-I//1,-.., '- ( I I (,

/ I i I1./..;- -~ (t{i v;r----·;,

NOTICE OF PUBLIC

COMMENT PE,RIOD

The West Virginia Department of Environmental, Protection (DEP) is

announcing an opportunitvtor public comment on

a proposed revision to the

State, Implementation

Plan (SIP) regarding the

most recently promulgated National Ambient Air

Quality Standards

(NAAQS) for lead. The

SIP is the plan developed

I by West Virginia in order

to fulfill its responsibilities under the Clean Air

Act (CAA) to attain and

maintain the NAAQS promulgated by the U.S. Environmental Protection

Agency (U.S. EPA). The'

public comment per-iod

begins September 16, 2011

and ends October 17,2011.

In this proposed revision

to the SIP, West Virginia

is demonstrating that it

has adequate resources

and authority to implement the' 2008 lead

NAAQS. Compliance with

specific CAA section

110{a){2) requirements is

detailed in 'a document

demonstrating that the

State meets these express

requirements through authorities granted' under

state laws and regula-'

tlons, as well as implementation of existing air

programs. DEP lsseeklns

comments on whether the

document adequately

demonstrates West Virginia's compliance with

the pertinent federal CAt>.

mandates related to these

so-called infrastructure

eiements.

_III

Upon completion of the

public notice period, and

after addressing any written comment, the DEP

will submit the final documentation to the U.S. EPA

as a revision' to the 5 IP.

This proposed 5IP revision is considered to be

non-controversial in nature: Therefore, a public

hearing will be held only if

requested in writing, and

the written request is received by October 17, 2011.

Any person who requests

a public hearing should

.identify any substantive

issue they intend to raise

in a hearing. If properly

,requested, the hearing

will be held beginning at

6:00 p.m. on, October 24,

2011 at the address below

and the public comment

period wi II be' extended

until the close of the hearing. A public notice announcing whether a hearing wtu be .held will be

posted in the West Virginia Register published on

October 21,2011,

Copies of the proposed

CAA §110(a){2) 51P revision may be viewed between 8:30 a.m. and 4:30

c.rn. at the DEP~Division

of Air Quality, 60157th SE,

Charleston, WV 25304,beginning September 16,

2011, or electronically

, upon e-mail request to: Ta

mmy. L.Mowrer@wv.gov.

The proposal may also be

~~1,e~Wddr~~~t~ft : f~J}~vaUt~

dep.wv.gov/da 'enera

lli!§ l! IC 0 Icean ,am

,mE>~f.aspx

Send written comments

to be included in the formal ,:ecord. to John A.

~enedlct,. Director, Diviston of Air Quality at the

~bovE.l address. Please

Ide!ltlfy the document to

which the coniments up- I

ply, the commenters

name, address, and tete- ,

phone number.' Com-:

merits will also be accepted bye-mail if received by

5:00 p.m. on October 17

2011to: Tammy.L.Mownl

r@w,:,.gov. Co'mments

submitted by U.S. Mail

must be postmarked by

OCTOber 17, 2011-

i~76294)

of

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Notaiy Pu(51of Kanawha County, West Virginia
FINAL WEST VIRGINIA STATE IMPLEMENTATION PLAN REVISION

FOR CLEAN AIR ACT SECTION 110(A)(2)(A)-(M) REQUIREMENTS

FOR LEAD

RESPONSE TO COMMENTS

On September 16, 2011, the Division of Air Quality (DAQ) commenced a thirty day public

comment period to accept written comments and/or a written request for a public hearing on a

proposed revision to the State Implementation Plan which demonstrates that West Virginia has

adequate resources and authority to implement the 2008 lead NAAQS. 

Written comments were accepted through 6:00 PM on Monday, October 17, 2011. No

commentersubmitted written comments regarding the proposed implementation plan revision, and

no person requested a public hearing. Consequently, DAQ published in the West Virginia Register

on October 21, 2011, a public notice announcing that a public hearing will not be held. 
NOTICE OF PUBLIC HEARING CANCELLATION

In the September 16, 2011 West Virginia Register, the West Virginia Department of

Environmental Protection (DEP) announced an opportunity for a public hearing on a proposed

revision to the State Implementation Plan (SIP) regarding the most recently promulgated

National Ambient Air Quality Standards (NAAQS) for lead. In this proposed revision to the SIP,

West Virginia is demonstrating that it has adequate resources and authority to implement the

2008 lead NAAQS. Compliance with specific CAA section 110(a)(2) requirements is detailed in

a document demonstrating that the State meets these express requirements through authorities

granted under state laws and regulations, as well as implementation of existing air programs. 

DEP sought comments on whether the document adequately demonstrates West Virginia’s

compliance with the pertinent federal CAA mandates related to these so-called infrastructure

elements. The public comment period began September 16, 2011 and ended October 17, 2011. 

No comments were received and no person requested a public hearing. Therefore the public

hearing tentatively scheduled for October 24, 2011 is hereby cancelled.
Volume XXVIII 

Issue 42 

October 21, 2011 

Pages 1774- 1825 

A Weekly Publication 

Administrative Law Division 

Judy Cooper, Manager 

Natalie E. Tennant 

Secretary of State 

Administrative Law Division 

Bldg. 1, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, WV 25305-0770 

(304) 558-6000 

www.wvsos.com 

WEST 

VIRGINIA 

REGISTER 

Published by the Office of the Secretary of State 

CONTENTS 

I. Chronological Index 

II. Open Government Meetings Listing 

III. Price List 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. Interpretive Rules 

c. Procedural Rules 

d. Emergency Rules 

e. Legislative Rule-Making Review Committee 

VI. Legislative Interims 

VII. Orders 

VIII. Ethics Commission Opinions 

IX. Office ofTaxAppeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 
AGENCY 

Affordable Housing Trust Fund 

Agriculture 

Appalachian EMS, Inc. 

BHHF 

Blue Ridge CTC 

Broadband Deployment Council 

Children's Health Insurance Program 

Commerce 

Community and Technical College Education 

Concord University 

Corridor G Regional Development Authority 

Courthouse Facilities Improvement Authority 

Dental Examiners 

DHHR, WV 

Early Childhood Advisory Council of WV 

Eastern WV Community Action Agency 

Environmental Protection, Dept. of 

Ethics Commission 

Family Protection Services Board 

Fayette County Bd. of Health 

Funeral Service Examiners 

Grievance Decisions 

Harrison County Commission 

Health Care Authority 

Higher Education Policy Commission 

Infrastructure & Jobs Development Council 

Insurance Commission 

Justice and Community Services, Div. of 

Labor 

Lottery 

Marion County Health Dept. 

Massage Therapy Licensure Board, WV 

Medicine 

Monongalia County Solid Waste Authority 

Motor Vehicles 

North Central Regional EMS Inc. 

Nursing Home Administrators Licensing Board 

Osteopathy 

Pierpont Community & Technical College 

Pharmacy 

Public Defender Corporations 

Public Health 

Public Works, WV Board of 

Real Estate Appraiser Board 

Registered Professional Nurses, WV Bd. of Exam. 

Ron Yost Personal Assistance Services Program 

State Rail Authority 

Tax Department 

Webster Co. Memorial Hospital Inc. 

West Virginia Northern Community College 

West Virginia State University Bd. of Gov. 

West Virginia University Hospital Inc 

Women's Commission 

WorkForce West Virginia 

WV Massage Therapy Licensure Board 

WVU Parkersburg 

PAGE(S) 

1775 

1802, 1810-11 

1775 

1775 

1775 

1775 

1775 

1775 

1809 

1776 

1776 

1776 

1777 

1777 

1778 

1778 

1778, 1822 

1817-19 

1778 

1778 

1811 

1820-1 

1778 

1816, 1822 

1779 

1779 

1779, 1812, 1816 

1779 

1812-13 

1779-80, 1803-7 

1780 

1780 

1816 

1780 

1814 

1780 

1807 

1823 

1780 

1814-15 

1780 

1823-4 

1780, 1824 

1781 

1781 

1781 

1781 

1808, 1825 

1781 

1781 

1781 

1782 

1782 

1782 

1782 

1782 
AGENCY I 

I 

AGENCY 

CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 42 

NO NEW PROPOSED RULES WERE FILED FOR PUBLIC COMMENT THIS WEEK 

RULE/TYPE I AUTHORITY I HEARING/COMMENT PERIOD/LOCATION 

I I 

NO NEW EMERGENCY RULES WERE FILED THIS WEEK 

RULE/TYPE AUTHORITY EFFECTIVE DATE DATE NOTICE FOR HEARING 

~ 

'-J 

'-J 

..,. 
MEETING NOTICES 

Open Governmental Proceedings Act §6-9A et seq. 

Agency I Date Filed I Purpose 

Affordable Housing Trust Fund, 10/19/2011 Review current budget projections. 

wv 11:42:19 AM 

Finance Committee Meeting 

Appalachian EMS, Inc. 10/19/2011 Regular Quarterly Meeting 

2:54:58 PM 

BHHF 10/12/2011 Regular Commission meeting 

1:31:34 PM 

Comprehensive Behavioral Health 

Commission 

Blue Ridge CTC 8/26/2011 Regularly scheduled business meeting 

8:49:24AM 

Board of Governors 

Broadband Deployment Council 5/5/2011 regular monthly meeting 

11:08:17 AM 

Children's Health Insurance 10/13/2011 Regular Quarterly Meeting, Agenda: Call to Order; Approval of 

Program 3:37:58 PM Minutes from Previous Meeting; Directors Report; Review of Financial 

Statements; Review of Quarterly Actuarial Report; Other Business 

Public Comment; Next Meeting Date: Thursday, January 26, 2012; 

Adjournment; This is the preliminary agenda as of the date submitted to 

Secretary of States Office. The final agenda will be posted on our 

website at www.chip.wv.gov no later than 

three days prior to the meetin_g. 

Commerce 10/12/2011 Regular monthly meeting 

4:04:53 PM 

Miner Training, Education Board 

Commerce 9/26/2011 Monthly meeting 

9:57:02AM 

Mine Safety Technology Task Force 

Commerce 9/26/2011 Regular Monthly meeting 

9:58:23 AM 

Mine Safety Technology Task Force 

*This meeting was filed late and does not comply with the Open Govemmental Proceedings Act 

I Meeting Date/Location 

1 0/28/2011 10:00:00 AM 

5710 MacCorkle A venue, SE 

Conference Room 2A 

Charleston, WV 25313 

10/27/2011 10:00:00 AM 

WV EMS-TSN, Inc. 

Huntington Field Office 

722 31st Street, East 

Huntington WV 25702 

10/27/2011 2:30:00 PM 

Capital Conference Center 

Coyle Conference Room 

11/2/2011 11:30:00 AM 

Blue Ridge CTC Technology Center 

5550 Winchester Avenue 

Martinsburg, WV 25405 

10/31/20119:00:00AM 

Governor's Press Conference Room 

10/27/2011 10:00:00 AM 

2 Hale Street 

Suite 101 

Charleston, WV 25301 

10/31/2011 10:00:00 AM 

Days Hotel 

Sutton (Flatwoods), WV 

10/27/2011 10:00:00 AM 

Hampton Inn 

1 Virginia St.,W. 

Charleston, WV 

(will also meet 1028) 

10/28/2011 9:00:00 AM 

Hampton Inn 

1 Virginia St.,W., 

Charleston, WV 

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MEETING NOTICES 

en Governmental Proceedin s Act §6-9A et se . 

Agency Date Filed Purpose Meeting Date/Location 

Concord University 10/18/2011 Prepare for the November 8, 20 II Board of Governors' meeting 11/1/2011 8:30:00 AM 

11:30:04 AM Teleconference 

Student Affairs Committee of the Concord University 

Board of Governors The Concord Room 

201A Marsh Hall 

Athens, VV11 24712 

Concord University 10/18/2011 Prepare for the November 8, 2011 Board of Governors' meeting. 11/1/2011 10:00:00 AM 

11:32:08 AM Teleconference 

Academic Affairs Committee of the Concord University 

Concord University Board of The Concord Room 

Governors 201A Marsh Hall 

Athens, WV 24712 

Concord University 10/18/2011 Prepare for the November 8 Concord University Board of Governors' 11/1/2011 11 :30:00 AM 

11:33:46AM meeting Teleconference 

External Affairs of the Concord Concord University 

University Board of Governors The Concord Room 

201A Marsh Hall 

Athens, WV 24712 

Concord University 10/18/2011 Prepare for the November 8 Concord University Board of Governors' 11/l/2011 !:OO:OOPM 

11:36:27 AM meeting Teleconference 

Finance and Facilities Committee Concord University 

of the Concord University Board of The Concord Room 201A Marsh Hall 

Governors Athens, WV 24712 

Concord University 10/18/2011 Prepare for the November 8 Concord University Board of Governors' 11/l/2011 2:30:00 PM 

11:37:52 AM meeting Teleconference 

Executive Committee ofthe Concord University 

Concord University Board of The Concord Room 

Governors 201A Marsh Hall 

Athens, VV11 24712 

Corridor G Regional Development 10/17/2011 Regular monthly meeting. 10/26/2011 9:00:00 AM 

Authority 2:16:19 PM Room 227, Building B 

Southern West Virginia Community and 

Technical College 

Mount Gay, West Virginia 

Courthouse Facilities Improvement 9/6/2011 9th Cycle Grant Applications 10/28/2011 10:00:00 AM 

Authority 2:56:50 PM Flatwoods, WV 

Advisory Board 

*This meeting was filed late and does not comply with the Ope11 Govemmental Proceedings Act -.J 

-.J 

0"1 
MEETING NOTICES 

Open Governmental Proceedings Act §6-9A et seq. 

Agency I Date Filed I Purpose ------ -

Dental Examiners 1017/2011 Complaint Committees meet with Counsel concerning complaint and 

8:47:03 AM disciplinary matters. 

Dental Examiners 1017/2011 To conduct business in exeuctive andor general session, check agenda 

8:48:30AM for session times. An agenda will be made available at least 3 days prior 

to the meeting on the Board's website. 

Dental Examiners 1017/2011 To conduct business in executive or general session. Law exams and 

8:49:56AM interviews of applicants for licensure will be conducted. Check agenda 

for session times. An agenda will be made available 3 days prior to the 

meeting on the Board's website. 

DHHR, WV I 0118/201 I Second meeting of region one task force to address substance abuse in 

6:52:12 PM wv. 

Governor's Substance Abuse Task 

Force -Region 1 

DHHR,WV 10118/2011 Emergency meeting - Second meeting of region two task force to 

6:54:36 PM address substance abuse in WV. 

Governor's Task Force on 

Substance Abuse - Region 2 

DHHR, WV 10118/2011 Emergency meeting - Second meeting for Region 3 of the Governor's 

7:00:29 PM Regional Task Force. Region 3 includes Tyler, Pleasants, Wood, 

Governor's Task Force on Ritchie, Jackson, Wirt, Roane, Calhoun. 

Substance Abuse - Region 3 

DHHR,WV 10118/2011 Second meeting of the Governor's Regional Task Force for Region 4. 

7:03:56 PM Region 4 includes Monongalia, Preston, Marion, Doddridge, Harrison, 

Governor's Regional Task Force on Taylor, Barbour, Tucker, Gilmer, Lewis, Upshur, Randolph & Braxton 

Substance Abuse - Region 4 

DHHR, WV 10/18/2011 Second meeting for Governor's Regional Task Force for Region 5. 

7:05:57 PM Region 5 includes Mason, Putnam, Kanawha, Clay, Cabell, Wayne, 

Governor's Regional Task Force on Mingo, Logan, Lincoln & Boone counties. 

Substance Abuse - Region 5 

DHHR, WV 10118/2011 Second meeting of Governor's Regional Task Force on Substance 

7:08:16 PM Abuse, Region 6. Region 6 includes Webster, Pocahontas, Nicholas, 

Governor's Regional Task Force on Fayette,Greenbrier, Raleigh, Summers, Monroe, Wyoming, Mercer & 

Substance Abuse - Region 6 McDowell counties. 

*This meeting was filed late and does not comply with the Open Govemmental Proceedings Act 

Meeting Date/Location 

10/27/2011 3:00:00 PM 

Wingate 

I 502 Grand Central A venue 

Vienna, WV 26105 

10/28/2011 8:00:00 AM 

Wingate 

1502 Grand Central Avenue 

Vienna, WV 26105 

10/29/2011 8:00:00 AM 

Wingate 

1502 Grand Central Avenue 

Vienna, WV 26105 

10/26/2011 6:00:00 PM 

Weirton Regional Medical Center 

Weirton 

10/25/2011 6:00:00 PM 

The Candlewyck Inn 

65 South Mineral Street 

Keyser 

10/24/2011 9:00:00 AM 

Jackson County DHHR Office 

2139 Cedar Lakes Road 

Ripley 

10/27/2011 9:00:00 AM 

Randolph County DHHR Office 

1027 N. Randolph Ave. 

Elkins 

1111/2011 5:00:00 PM 

Prestera Pinecrest 

5600 US Rt. 60 East 

Huntington 

10/27/2011 7:00:00 PM 

Mercer County Vocational School 

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MEETING NOTICES 

en Governmental Proceedin s Act §6-9A et se • 

·-~ncy ___ Date Filed Purp.Qse 

Early Childhood Advisory Council 10/19/2011 Regular Business 

ofWV 3:04:44 PM 

Executive Committee 

Early Childhood Advisory Council 10/19/2011 Regular Business 

ofWV 3:05:43 PM 

Communications Committee 

Early Childhood Advisory Council 10/19/2011 Regular Business 

ofWV 3:06:36 PM 

Family Education and Engagement 

Committee 

Eastern West Virginia Community 10/18/2011 Regular Board Meeting 

Action Agency 1:16:08 PM 

Entire Board 

Environmental Protection, Dept. of 8/11/2011 SRF Advisory Council Quarterly Progress Meeting 

9:14:05 AM 

Special Reclamation Fund Advisory 

Council 

Family Protection Services Board 10/13/2011 Regular meeting 

2:27:39 PM 

Fayette County Board of Health 10/17/2011 Regular Meeting of the Fayette County Board of Health 

10:04:18 AM 

Harrison County Commission 10/12/2011 Oversee Community Corrections Program 

9:04:09 AM 

Community Corrections Advisory 

Board 

*This meeti11g was filed late and does not comply with the Opm Govemmental Proceedi11gs Act 

Meeting Date/Location 

10/26/2011 10:00:00 AM 

Department of Education and the Arts 

Conference Room 

State Capitol Complex Building 5, Room 205 

1900 Kanawha Blvd., E 

Charleston, WV 25305 

10/28/2011 10:30:00 AM 

Department of Education and the Arts 

Conference Room 

State Capitol Complex Building 5, Room 205 

1900 Kanawha Blvd., E 

Charleston, WV 25305 

1111/2011 10:00:00 AM 

Department of Education and the Arts 

Conference Room 

State Capitol Complex Building 5, Room 205 

1900 Kanawha Blvd., E 

Charleston, WV 25305 

11/1/2011 6:15:00 PM 

HARCO Building 

Second Floor Conference Room 

Rt. 55 

Moorefield, WV 26836 

1112/2011 10:00:00 AM 

WVDEP 

601 57th Street 

Charleston WV 25304 

Room 3001 

10/27/2011 10:00:00 AM 

Division of Justice and Community Services 

1204 Kanawha Boulevard, East 

Charleston 

10/27/2011 4:00:00 PM 

Fayette County Health Center 

202 Church Street 

Fayetteville, WV 25840 

10/27/2011 12:01:00 PM 

Harrison County Commission Board Room, 

Harrison County Courthouse 

301 West Main Street 

Clarksburg, WV 26301 

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MEETING NOTICES 

en Governmental Proceedin s Act §6-9A et se . 

A em:y- Date Filed Purpose 

Higher Education Policy 10113/2011 Subcommittee on Improvements to the Higher Education Adult PartCommission 2:37:40PM Time Student Grant Program. 

Higher Education Student 

Financial Aid Advisory Board 

Higher Education Policy 10113/2011 Subcommittee on Community Service for PROMISE Scholars 

Commission 2:24:35 PM 

Higher Education Student 

Financial Aid Advisory Board 

Higher Education Policy 10113/2011 To conduct regular business. 

Commission 2:27:24PM 

Higher Education Student 

Financial Aid Advisory Board 

Infrastructure & Jobs Development 10/6/2011 The purpose of the Funding Committee meeting wiii be to conduct 

Council 3:45:49 PM general business and consider other matters as may be brought to the 

attention of the Funding Committee. 

Combined Staff Work 

SessionFunding Committee 

Meeting 

Infrastructure & Jobs Development 10/6/2011 Conduct General Council Business 

Council 3:46:57 PM 

COUNCIL MEETING 

Insurance Commissioner 10119/2011 Office of Judges Report; 

1:37:32 PM Report from Office of Inspector General; 

Workers' Compensation Industrial Old Business; 

Council New Business; 

Executive Session, Self-Insurance Annual Renewals 

Justice and Community Services, 10/2112010 To address training and certification matters concerning West Virginia 

Division of 1:31:44PM law enforcement officers 

Law Enforcement Training (LET) 

Subcommittee 

Lottery 1011112011 Monthly committee meeting 

8:57:01 AM 

Building Committee 

*This meeting was filed late and does not comply with the Open Govemmental Proceedings Act 

Meeting Date/Location 

10/26/2011 9:30:00 AM 

Ninth Floor Conference Room 

Boulevard Tower 

1018 Kanawha Boulevard, East 

Charleston, WV 25301 

11/l/2011 9:30:00 AM 

Ninth Floor Conference Room 

Boulevard Tower 

1018 Kanawha Boulevard, East 

Charleston, WV 25301 

11/l/2011 1:00:00 PM 

Ninth Floor Conference Room 

Boulevard Tower 

1018 Kanawha Boulevard, East 

Charleston, WV 25301 

10/28/2011 9:30:00 AM 

Northgate Business Park 

Water Development Authority 

I 80 Association Drive 

Charleston, WV 25311 

1112/2011 9:30:00 AM 

Northgate Business Park 

Water Development Authority 

180 Association Drive 

Charleston, WV 25311 

10/27/2011 3:00:00 PM 

Offices of the WV Insurance Commissioner 

1124 Smith Street 

Greenbrooke Building, Room 400 

Charleston 

10/27/2011 9:00:00 AM 

Profesional Development Center 

West Virginia State Police Academy 

Dunbar, WV 

10/3112011 9:00:00 AM 

Lottery Headquarters 

312 MacCorkle Avenue 

Charleston, WV 

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MEETING NOTICES 

Open Governmental Proceedings Act §6-9A et seq. 

Agency I Date Filed I Purpose 

Lottery 10/11/2011 Monthly committee meetings 

9:00:07 AM 

Finance- Audit & Games- RulesSecurity- MarketinR Committees 

Lottery 10/11/2011 Monthly business meetng 

9:01:39 AM 

Commission meeting 

Marion County Health Department 1011812011 Regular meeting 

2:26:17 PM 

Committee 

Massage Therapy Licensure Board, 1017/2011 To conduct regular board business and review complaints. 

wv 10:05:43 AM 

Monongalia County Solid Waste 10/18/2011 Regular Monthly Board Meeting 

Authority 12:48:33 PM 

North Central Regional EMS Inc 9/6/2011 Annual meeting of the Board of Directors 

1:31:24 PM 

Board of Directors 

Pierpont Community & Technical 6/22/2011 To conduct regular business of the Finance Committee. 

College 1:17:31 PM 

Finance Committee 

Public Defender Corp-6th and 24th 10/18/2011 Review results of 2011 audit, FY 2012 budget update, Proposed new 

Circuits 9:27:00AM employee evaluation forms. 

Board of Directors 

Public Defender Corporation (18th) 10/11/2011 Quarterly Board of Director's Meeting 

7:58:29 AM 

Public Works WV Board of 10/5/2011 Pursuant to WV Code 11-6-11 the primary purpose of this meeting is to 

3:10:41 PM conduct a public hearing to provide an opportunity for public utility 

companies to comment concerning the notices of tentative assessed 

values for tax year 2012. The Board will also consider property 

transfers and other business. A detailed agenda will be available in the 

Secretary of State's office prior to the meeting. 

*This meeting was filed late and does not comply with the Open Govemmental Proceedings Act 

I Meeting Date/Loc_l!~iQ!!__ 

10/3112011 10:00:00 AM 

Lottery headquarters 

312 MacCorkle Avenue 

Charleston, WV 

10/3112011 11:00:00 AM 

Lottery Headquarters 

312 MacCorkle Avenue 

Charleston, WV 

10/26/2011 12:00:00 PM 

Fairmont Waste Water Treatment Plant 

Washington Street Extension 

Fairmont, WV 26554 

I 0/30/2011 10:00:00 AM 

Peoples Building 

179 Summers Street 

Conference Room 509 

Charleston, WV 25301 

10/3112011 3:00:00 PM 

WVU Extension Office 

Wes-Mon Plaza Morgantown WV 

1111/2011 12:00:00 PM 

Valley VFD 

1707 Pleasant Valley Road 

Fairmont, WV 26554 

111112011 11:30:00 AM 

Falcon Center Conference Room 3 

1111/2011 12:00:00 PM 

Marshall University Hall of Fame Cafe 

Huntington, WV 

10/26/2011 8:00:00 AM 

202 Tunnelton Street, Suite 303 

Kingwood, WV 26537 

1112/2011 10:00:00 AM 

Governor's Cabinet and Conference Room 

Building 1, Suite 10 

State Capitol Complex 

Charleston, WV I 

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MEETING NOTICES 

Open Governmental Proceedings Act §6-9A et seq. 

A2encv Date Filed Purpose 

Real Estate Appraiser Board 8116/2011 To discuss complaints & disciplinary actions and make 

10:05:54 AM recommendations to the Board 

Standards Committee 

Registered Professional Nurses, 10/13/2011 Emergency meeting to make final determinations on information 

West Virginia Board of Examiners 10:39:03 AM provided on October 20, 2011 at 10:45am 

for 

Disciplinary Review Committee 

Registered Professional Nurses, *10113/2011 To review disciplinary cases and related issues. Closed to the Public. 

WV Board of Examiners 9:45:56AM 

Disciplinary Review Committee 

Ron Yost Personal Assistance 9/20/2011 Monthly Board Meeting 

Services Program 2:35:50 PM 

State Rail Authority 10/12/2011 Regular Board of Directors Meeting 

9:14:16 AM 

Board of Directors 

Webster County Memorial 3/28/2011 General Business Meeting 

Hospital, Inc. 8:54:28 AM 

Board of Trustees 

West Virginia Northern 10118/2011 Monthly Board Meeting. Agenda is as follows: Call to Order; Roll 

Community College 12:02:09 PM Call; Approval of Minutes of September 22, 2011; Auditor's Report; 

Board Chair Report: Hearings & Petitions; President's Report; 

Administrative Staff Reports: ECS Renovation Estimate, Census 

Numbers, Title III Report; Old Business; New Business; Executive 

Session: ECS Building 

West Virginia State University I 0/5/2011 To discuss and consider various University matters. 

Board of Governors 2:32:23 PM 

Executive Committee 

West Virginia State University 10/12/2011 To review final RFP for Presidential Search Consultant and consider 

Board of Governors 3:07:31 PM personnel matters; possible executive session on personnel matters; and, 

possible action item(s) on personnel matters. 

Special Committee on Personnel 

Matters and Policy 

*This meeting was filed late and does not comply with the Open Governmental Proceedings Act 

Meeting Date/Location 

11/1/2011 9:00:00 AM 

2110 Kanawha Blvd., East 

Charleston, WV 25301 

10/21/2011 8:30:00 AM 

Board Conference Room 

101 Dee Drive, Suite 102 

Charleston, WV 25311 

10/20/2011 2:45:00 PM 

Board Conference Room 

101 Dee Drive, Suite 102 

Charleston, WV 25311 

1111/2011 1:30:00 PM 

WV Statewide Independent Living Council 

5010 C Fairlawn Ave. 

Institute, WV 

11/1/2011 10:30:00 AM 

Railyard Restaurant 

Elkins, WV 

1111/2011 5:30:00 PM 

Webster County Memorial Hospital 2nd Floor 

conference room 

10/27/2011 5:00:00 PM 

West Virginia Northern Community College 

B&O Board Room (Room 126A) 

Wheeling Campus 

10/27/2011 9:00:00 AM 

113 Ferrell Hall 

wvsu 

Institute 

10/21/2011 2:00:00 PM 

113 Ferrell Hall 

West Virginia State University 

Institute 

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MEETING NOTICES 

Open Governmental Proceedings Act §6-9A et seq. 

Aeency I Date Filed I _Purpose 

West Virginia University Hospitals 9/12/2011 For discussion of business matters pertaining to West Virginia 

Inc 1:34:03 PM University Hospitals. 

Board of Directors 

West Virginia University Hospitals 9/12/2011 For discussion of financial matters pertaining to West Virginia 

Inc 1:35:20 PM University Hospitals. 

Finance & PlannillR Committee 

West Virginia University Hospitals 9/12/2011 For discussion of quality matters pertaining to West Virginia University 

Inc 1:36:23 PM Hospitals. 

Quality & Patient Safety Committee 

Women's Commission 10/3/2011 Discuss 2012 Legislative Agenda 

10:58:51 PM 

Public Policy Committee 

WorkForce West Virginia 5/16/2011 Mandatory monthly ICT meeting. Rehabilitation Facility closure. 

11:44:11 AM 

Interagency Collaborative Team 

(ICT) 

WorkForce West Virginia 12/2/2010 Regular monthly meeting. 

11:34:32 AM 

Interagency Collaborative Team 

WV Massage Therapy Licensure 917/2011 Regular scheduled board meeting to conduct business and review 

Board 3:55:18 PM complaints, etc. 

WVU Parkersburg 10/14/2011 Regular meeting of the WVU Parkersburg Board of Governors. 

8:55:21 AM Agenda items include: audit report, building acquisition, salary policy, 

Board of Governors fiscal update and accrediation updates. A complete agenda will be 

posted online at www.wvup.edu/board_of_governors prior to the 

meeting. 

WVU Parkersburg 10/14/2011 The WVU Parkersburg Board of Governors Executive Committee will 

9:19:25 AM meet to review college transitions (contracts, legislative support, 

Board of Governors Executive process) 

Committee 

WVU Parkersburg 10/14/2011 The WVU Parkersburg Board of Governors Audit Committee will meet 

9:21:26AM to review the audit report. 

Board of Governors Audit 

Committee 

*This meetiug was filed late and does not comply with the Open Govemmental Proceedings Act 

Meeting Date/Location 

10/21/2011 12:30:00 PM 

J.W. Ruby Boardroom 

2nd floor of Ruby Memorial Hospital 

Morgantown, WV 

10/2l/2011 9:00:00 AM 

J.W. Ruby Boardroom 

2nd floor of Ruby Memorial Hospital 

Morgantown, WV 

l0/2l/2011 9:00:00 AM 

Administrative Conference Room, 2nd floor of 

Ruby Memorial Hospital, Morgantown, WV 

ll/l/2011 5:00:00 PM 

TBA 

10/27/2011 9:00:00 AM 

MEETING LOCATION CHANGE 

PLAZA EAST EXECUTIVE CONFERENCE 

ROOM. 

l0/27/20ll 9:00:00 AM 

West Virginia Rehabilitation Center 

Institute, West Virginia 

10/30/2011 10:00:00 AM 

Peoples Building 

179 Summers Street 

Conference Room 509 

Charleston, WV 25301 

ll/2/2011 5:15:00 PM 

300 Campus Drive 

Parkersburg, WV 26104 

ll/2/2011 8:00:00 AM 

300 Campus Drive 

Parkersburg, WV 

11/2/2011 3:30:00 PM 

300 Campus Drive 

Parkersburg, WV 

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Office of the Secretary of State 

Building I, Suite 157-K 

Natalie E. Tennant 

1900 Kanawha Blvd., East 

Charleston, West Virginia 25305 

Secretary of State 

State of West Virginia 

Telephone: (304) 558-6000 

Toll Free: 1-866-SOS-VOTE 

Fax: (304) 558-0900 

www.wvsos.com 

GUIDE FOR USING THE RULE MONITOR IN THE STATE REGISTER 

Column 1. Agency Name, (Title and Series Number) 

Column 2. Rule Title, Price and Type 

Column 3. Date Notice of Public Hearing or Comment Period Filed 

Column 4. Date of Public Hearing or Last Date Comments Will Be Received 

Column 5. Date Emergency Rule Filed, Emergency Amendments Filed, Emergency Rule Decision 

(ERD) Number & Date ERD Filed (Effective Date of Emergency Rule) 

Column 6. Date Agency Approved Legislative Rules Filed. 

Column 7. Date Review by the Legislative Rule-Making Review Committee & Action Taken **Please 

Note** The Board of Education, Board of Trustees & Board of Directors File Their Rules 

With the Educational Over-Sight Committee 

Column 8. Legislative Action 

Column 9. Date Agency Final Files Legislative, Procedural or Interpretive Rules. This is the Final 

Step for Procedural & Interpretive Rules 

Column 10. Date Rule is Effective 

• Titles followed by an asterisk (**) indicate that the rule is in effect as an emergency 

• Emergency rules will not have a "Notice" date until the agency files one but the rule will appear in 

Columns 1, 2 & 5. An Agency must file for either a public hearing or public comment period either before 

filing as an emergency or no more than 30 days after filing the rule as an emergency 

• If more than one date appears in a column, it means the agency has repeated that step (ex.- holding an 

additional public hearing) 

• If a particular step is not required by law for a particular rule, the "N/A" will appear in the excluded step 

column 

• Once a rule becomes effective & the effective date appears in Column 10, the rule will be removed from 

the monitor after the rule is distributed in the loose leaf version of the Code of State Rules 

1784 
TITLE NUMBER 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

TITLE 

3 

7 

10 

11 

13 

14 

15 

16 

17 

20 

24 

25 

26 

27 

29 

33 

35 

36 

38 

42 

45 

47 

48 

56 

58 

60 

61 

63 

64 

65 

69 

76 

78 

81 

82 

85 

86 

87 

90 

91 

94 

96 

110 

112 

113 

114 

126 

127 

133 

135 

143 

144 

146 

148 

149 

150 

153 

157 

158 

162 

172 

175 

176 

177 

178 

179 

184 

190 

191 

199 

204 

205 

207 

210 

CROSS REFERENCE OF RULE MONITOR TITLE NUMBERS AND AGENCIES 

NAME OF AGENCY 

BARBERS AND COSMETOLOGISTS 

PROFESSIONAL ENGINEERS 

LICENSED PRACTICAL NURSES 

MEDICINE 

OCCUPATIONAL THERAPY 

OPTOMETRY 

PHARMACY 

PHYSICAL THERAPY 

PSYCHOLOGISTS 

SANITARIANS 

OSTEOPATHY 

SOCIAL WORK EXAMINERS 

VETERINARY MEDICINE 

COUNSELING 

SPEECH-LANGUAGE PATHOLOGY & AUDIOLOGY 

OFFICE OF WASTE MANAGEMENT (FORMERLY PART OF TITLE 47) 

OFFICE OF OIL AND GAS 

COAL MINE HEALTH & SAFETY 

MINING & RECLAMATION 

LABOR 

OFFICE OF AIR QUALITY 

OFFICE OF WATER RESOURCES 

MINES TRAINING EDUCATION & CERTIFICATION 

MINERS' HEALTH, SAFETY AND TRAINING 

NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION, SECRETARY'S OFFICE 

AGRICULTURE 

CONSERVATION AGENCY 

HEALTH 

HEALTH CARE AUTHORITY 

HEALTH & HUMAN RESOURCES 

SENIOR SERVICES 

HUMAN SERVICES 

STATE POLICE 

CULTURE AND HISTORY 

WORKERSCOMPENSATION BY THE INSURANCE COMMISSION 

VETERANS AFFAIRS 

FIRE COMMISSION 

CORRECTIONS 

MOTOR VEHICLES 

REGIONAL JAIL & CORRECTIONAL FACILITY AUTHORITY 

WORKFORCE WEST VIRGINIA 

TAX DEPARTMENT 

TREASURER 

HEALTH INSURANCE PLAN 

INSURANCE 

EDUCATION 

SECONDARY SCHOOLS ACTIVITIES COMM. 

HIGHER EDUCATION POLICY COMMISSION 

COMMUNITY & TECHNICAL COLLEGE EDUCATION 

PERSONNEL 

TOURISM 

STATE ELECTION COMMISSION 

ADMINISTRATION 

CRIME, DELINQUENCY AND CORRECTION 

PUBLIC SERVICE COMMISSION 

SECRETARY OF STATE 

DIVISION OF HIGWAYS 

ETHICS COMMISSION 

CONSOLIDATED PUBLIC RETIREMENT BOARD 

STATE RAIL AUTHORITY 

ALCOHOL BEVERAGE CONTROL COMMISSION 

ALCOHOL BEVERAGE CONTROL COMMISSION- BEER 

ATHLETIC COMMISSION 

RACING COMMISSION 

LOTTERY 

PARKWAYS ECONOMIC DEV. & TOURISM AUTHORITY 

REAL ESTATE APPRAISER LICENSING & CERTIFICATION BOARD 

FAMILY PROTECTION SERVICES BOARD 

EXPLOSIVES & BLASTING 

HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY 

OUTDOOR HERITAGE CONSERVATION FUND 

COALFIELD COMMUNITY DEVELOPMENT 

GOHELP 

1785 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION LEGIS FINAL FILE EFFECTIVE 

Accountancy Board Rules and Rules of 6/2212011 7/2212011 6/2212011 7/28/20011 Approved 

(1-1) Professional Conduct Effective 9/14/2011 

$8.00 8/3/2011 

Legislative Amendment 

7/28/2011 

Effective 

9/8/2011 

Administration Certification for Small, Women and 5/31/2011 7/1/2011 7/15/2011 Modified & 

(148-22) Minority-Owned Business Approved 

$4.40 9/14/2011 

Legislative Filed 

9/19/2011 

Agriculture Labeling of Imported Honey, Honey 6/27/2011 7/27/2011 7/29/2011 Modified & 

(61-2A) Products or Honey Bee By- Approved 

Products, Adulterated Honey, 10/1212011 

Honey Products or Honey Bee By- Filed 

Products Rule 10/19/2011 

$3.00 

Legislative 

Agriculture Nutrient Management Certification 6/10/2011 7/13/2011 7/29/2011 Modified & 

(61-6D) $3.00 Approved 

Legislative 10/1212011 

Filed 

10/19/2011 

Agriculture Inspection of Meat and Poultry 6/212011 7/15/2011 7/27/2011 Approved 

(61-16) $4.60 10/1212011 

Legislative 

Air Quality Ambient Air Quality Standards 6/9/2010 7/1212010 7/28/2010 Approved SB 114 6/16/2011 6/16/2011 

(45-8) $2.60 1/9/2011 HB 2580 

Legislative Bundled 

SB 121 

Air Quality Ambient Air Quality Standards 6/8/2011 7/11/2011 7/29/2011 

(45-8) $17.70 

Legislative 

Air Quality Permits for Construction and Major 6/9/2010 7/1212010 7/28/2010 Modified & SB289 6/16/2011 6/16/2011 

(45-14) Modification of Major Stationary Approved HB 2899 

Sources of Air Pollution for the 1/10/2011 Bundled 

Prevention of Significant Filed SB 121 

Deterioration 1/11/2011 

$11.60 

Legislative 

Air Quality Permits for Construction and Major 6/8/2011 7/11/2011 7/29/2011 

(45-14) Modification of Major Stationary 

Sources for the Prevention of 

Significant Deterioration of Air 

Quality 

$15.20 

Legislative 

--...1 

00 

0'1 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION LEGIS FINAL FILE EFFECTIVE 

Air Quality Standards of Performance for New 6/9/2010 7/12/2010 7/28/2010 Approved SB 115 6/16/2011 6/16/2011 

(45-16) Stationary Sources 1/9/2011 HB 2576 

$2.80 Bundled 

Legislative SB 121 

Air Quality Standards of Performance for New 6/8/2011 7/11/2011 7/29/2011 

(45-16) Stationary Sources 

$22.90 

Legislative 

Air Quality Control of Air Pollution from 6/9/2010 7/12/2010 7/28/2010 Modified & SB290 6/16/2011 6/16/2011 

(45-18) Combustion of Solid Waste Approved HB 2900 

$9.00 1/9/2011 Bundled 

Legislative Filed SB 121 

1/11/2011 

Air Quality Control of Air Pollution from 6/8/2011 7/11/2011 7/29/2011 

(45-18) Combustion of Solid Waste 

$23.10 

Legislative 

Air Quality Permits for Construction and Major 6/9/2010 7/12/2010 7/28/2010 Approved SB 117 6/16/2011 6/16/2011 

(45-19) Modification of Major Stationary 1/9/2011 HB 2577 

Sources of Air Pollution Which Bundled 

Cause or Contribute to SB 121 

Nonattainment 

$11.20 

Legislative 

Air Quality Permits for Construction and Major 6/8/2011 7/11/2011 7/29/2011 

(45-19) Modification of Major Stationary 

Sources Which Cause or Contribute 

to Nonattainment Areas 

$14.20 

Legislative 

Air Quality Control of Air Pollution from 6/9/2010 7/12/2010 7/28/2010 Approved SB 118 6/16/2011 6/16/2011 

(45-25) Hazardous Waste Treatment, 1/9/2011 HB 2578 

Storage and Disposal Facilities Bundled 

$6.40 SB 121 

Legislative 

Air Quality Control of Air Pollution from 6/8/2011 7/11/2011 7/29/2011 

(45-25) Hazardous Waste Treatment, 

Storage and Disposal Facilities 

$12.40 

Legislative 

Air Quality Requirements for Operating Permits 1/11/2011 2/14/2011 12/21/2010 3/16/2011 

(45-30) $12.80 6/8/2011 7/11/2011 Effective 

Legislative 2/1/2011 

Air Quality Emission Standards for Hazardous 6/9/2010 7/12/2010 7/28/2010 Approved SB 119 6/16/2011 6/16/2011 

(45-34) Air Pollutants 1/9/2011 HB 2579 

$2.80 Bundled 

Legislative SB 121 

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AGENCY/SERIES NO RULE 

Air Quality Emission Standards for Hazardous 

(45-34) Air Pollutants 

$41.60 

Le islative 

Air Quality Determining Conformity of General 

(45-35) Federal Actions to Applicable 

Implementation Plans 

$11.80 

Le islative 

Air Quality Repeal of- Greenhouse Gas 

(45-42) Emissions Inventory Program 

$8.60 

Le islative 

Alcohol Beverage Licensed Retailer Operations 

Control Comm. $7.80 

(175-1) Le9islative 

Alcohol Beverage Licensing of Retail Outlets 

Control Comm. $10.20 

(175-5) Le9islative 

Athletic Commission Administrative Rules of the WV 

(177-2) State Athletic Comm. Regulating 

Mixed Martial Arts 

$16.70 

Le islative 

Auditor's Office Standards for Requisitions for 

(155-1) Payment Issued by State Officers 

on the Auditor 

$4.8 0 

Le islative 

Auditor's Office Transaction Fee and Rate Structure 

(155-4) $4.20 

Le islative 

Banking Rule Pertaining to Residential 

(106-5) Mortgage Lenders, Brokers and 

Loan Originators 

$6.80 

Le islative 

Barbers & Procedures, Criteria and Curricula 

Cosmetologists for Examination and Licensure of 

(3-1) Barbers, Cosmetologists, 

Manicurists and Aestheticians 

$12.50 

Legislative 

RULE MONITOR 

NOTICE HEARING EMER RULE 

6/8/2011 7/11/2011 

6/8/2011 7/11/2011 

6/8/2011 7/11/2011 

6/2/2011 7/5/2011 

6/2/2011 7/5/2011 

6/17/2011 7/18/2011 9/21/2011 

ERD by 

11/2/2011 

6/27/2011 7/27/2011 

6/23/2011 7/23/2011 

5/27/2011 7/1/2011 

6/13/2011 7/18/2011 

SEC/STATE 

7/29/2011 

7/29/2011 

7/29/2011 

7/13/2011 

7/13/2011 

7/28/2011 

7/29/2011 

7/29/2011 

7/21/2011 

7/29/2011 

LRMRC-ACTION LEGIS 

Approved 

9/14/2011 

Approved 

9/14/2011 

Approved 

9/14/2011 

FINAL FILE EFFECTIVE 

-...1 

00 

00 
AGENCY/SERIES NO RULE 

Barbers & Rules and Regulations for Licensing 

Cosmetologists Schools of Barbering and Beauty 

(3-3) Culture 

$3.20 

Legislative 

Barbers & Shampoo Assistants 

Cosmetologists $5.00 

(3-8) Le9islative 

Coal Mine Health and Hoisting Machinery; Telephones; 

Safety Safety Devices; Hoisting Engineers 

(36-47) and Drum Runners 

Le9isaltive Exemet 

Community & Workforce Development Initiative 

Technical College Ed. Program 

(135-27) $4.80 

Le islative 

Community & Tuition and Fees 

Technical College Ed. $4.00 

(135-32) Procedural 

Consolidated Public Public Employees Retirement 

Retirement Board System 

(162-5) $4.00 

Legislative 

Consolidated Public Refund, Reinstatement, Retroactive 

Retirement Board Service, Loan and Employer Error 

(162-7) Interest Factors 

$5.00 

Le islative 

Consolidated Public West Virginia State Police 

Retirement Board $5.60 

(162-9) Legislative 

Corrections Fees for Electronic Monitoring of 

(90-8) Offenders 

$3.60 

Legislative 

Courthouse Facilities Courthouse Facilities Improvement 

Improvement Auth. Authority 

(203-1) $4.60 

Le islative 

Courthouse Facilities Open Governmental Proceedings 

Improvement Auth. $2.80 

(203-2) Procedural 

RULE MONITOR 

NOTICE HEARING EMER RULE 

6/13/2011 7/18/211 

6/13/2011 7/18/2011 

10/5/2011 11/6/2011 

4/22/2011 5/23/2011 4/22/2011 

Effective 

4/22/2011 

8/24/2011 9/26/2011 

6/3/2011 7/5/2011 5/12/2011 

Effective 

6/23/2011 

6/3/2011 7/5/2011 

6/3/2011 7/5/2011 5/12/2011 

Effective 

6/23/2011 

4/11/2011 5/16/2011 

7/26/2011 8/31/2011 

7/26/2011 8/31/2011 

SEC/STATE LRMRC·ACTION 

7/29/2011 Modified & 

Approved 

9/14/2011 

Filed 

9/20/2011 

7/29/2011 Approved 

9/14/2011 

6/15/2011 Approved 

10/11/2011 

7/27/2011 Modified & 

Approved 

9/14/2011 

Filed 

9/23/2011 

7/27/2011 Approved 

9/14/2011 

7/27/2011 Approved 

9/14/2011 

5/23/2011 Modified & 

Approved 

7/13/2011 

Filed 

7/20/2011 

9/1/2011 

LEGIS FINAL FILE 

9/1/2011 

EFFECTIVE 

10/3/2011 

~ 

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00 

"' 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Crime, Delinquency Law Enforcement Training 6/2/2011 7/6/2011 6/2/2011 7/28/2011 

and Correction Standards Approved 

(149-2) $12.80 7/6/2011 

Le islative 

Crime, Delinquency Motor Vehicle Search Standards 6/3/2011 7/6/2011 7/28/2011 

and Correction $5.00 

(149-6) Le9islative 

Deaf and Hard of Fees for Qualified Interpreters 6/30/2011 7/29/2011 7/29/2011 

Hearing $5.80 

(192-1) Le9islative 

Deaf and Hard of Establishment of Required 6/30/2011 7/29/2011 7/29/2011 

Hearing Qualifications and Ethical Standards 

(192-3) for Interpreters and Transliterators 

$5.20 

Le islative 

Dental Examiners Fees Established by the Board 6/24/2011 7/26/2011 7/29/2011 Modified & 

(5-3) $11.80 Approved 

Legislative 10/11/2011 

Development Office Neighborhood Investment Program 8/3/2011 9/3/2011 

(145-7) Act 

$6.20 

Procedural 

Development Office Brownfield Economic Development 6/1/2011 7/1/2011 7/5/2011 

(145-11) Districts 

$6.40 

Le islative 

Development Office Use of Coal bed Methane Severance 6/13/2011 7/13/2011 6/13/2011 7/14/2011 

(145-13) Tax Proceeds Approved 

$4.00 7/6/2011 

Le islative 

Education Local School Improvement 9/9/2011 10/11/2011 

(126-11A) Councils: Engaging Parents, 

Families, Students, Business and 

Community in Education (2200) 

$4.80 

Le9islative Exem~t 

Education 7/15/2011 8/15/2011 9/9/2011 10/11/2011 

(126-14) 

Education Next Generation Content Standards 5/12/2011 6/13/2011 7/15/2011 8/15/2011 

(126-4488) and Objectives for Mathematics in 

WV Schools (2520.28) 

$28.50 

Le islative Exem t 

~ 

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<0 

0 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Education Next Generation Health Education 10/7/2011 11/7/2011 

(126-44E) 5-12 Content Standards and 

Objectives for WV Schools(2520.5) 

$14.40 

Le islative Exem t 

Education Next Generation Driver Education 5/12/2011 6/13/2011 8/11/2011 9/12/2011 

(126-44H) Content Standards and Objectives 

for WV Schools (2520.8) 

$6.20 

Le islative Exem t 

Education Education Innovation Zones (3236) 7/15/2011 8/15/2011 9/9/2011 10/11/2011 

(126-75) $4.20 

Le9islative Exemet 

Education Expected Behavior in Safe and 9/9/2011 11/8/2011 

(126-99) Supportive Schools (4373) 

$15.00 

Le9islative Exemet 

Education Approval of Educational Personnel 7/15/2011 8/15/2011 9/9/2011 10/11/2011 

(126-114) Preparation Programs (51 00) 

$17.70 

Le islative Exem t 

Education Athletic Trainers in the Public 8/11/2011 9/12/2011 10/7/2011 11/7/2011 

(126-118) Schools of WV (5112) 

$11.20 

Procedural 

Education Minimum Requirements for the 7/15/2011 8/15/2011 9/9/2011 10/11/2011 

(126-136) Licensure of Professional I 

Paraprofessional Personnel and 

Advanced Salary Classifications 

(5202) 

$24.40 

Le9islative Exemet 

Environmental Voluntary Remediation and 6/10/2011 7/12/2011 7/29/2011 

Protection Secretary's Redevelopment Rule 

Office $18.60 

(60-3l Le9islative 

Foresters Certification of Registered Foresters 6/30/2011 7/29/2011 8/3/2011 

(200-1) $4.40 

Le islative 

Foresters Schedule of Fees 6/30/2011 7/29/2011 8/3/2011 

(200-4) $3.40 

Le islative 

Foresters Code of Ethics 6/30/2011 7/29/2011 8/3/2011 

(200-5) $3.80 

Le islative 

~ 

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AGENCY/SERIES NO RULE 

Forestry 

(22-2) 

Forestry 

(22-3) 

Funeral Service 

Examiners 

(6-2) 

Gov. Office of Health 

Enhancement & 

Lifestyle Planning 

(210-1) 

Health 

(64-3) 

Health 

(64-4) 

Health 

(64-5) 

Health 

(64-32) 

Health 

(64-40) 

Health 

(64-64) 

Health 

(64-77) 

Health 

(64-898) 

Sediment Control During 

Commercial Timber-Harvesting 

Operations-Licensing 

$4.40 

Legislative 

Sediment Control During 

Commercial Timber-Harvesting 

Operations-Logger Certification 

$4.20 

Legislative 

Crematory Requirements 

$10.40 

Legislative 

Prescription Drug Advertising 

Expense Reporting 

$5.20 

Legislative 

Public Water Systems 

$5.20 

Le islative 

Public Water Systems Operators 

Regulations 

$9.60 

Le islative 

Wastewater Systems and Operators 

$8.20 

Le islative 

Vital Statistics 

$7.40 

Le islative 

Manufactured Home Communities 

$6.60 

Le islative 

Aids-Related Medical Testing and 

Confidentiality 

$9.80 

Le islative 

Public Water Systems Design 

Standards 

$16.50 

Le islative 

Credentialing Verification 

Organization 

$5.20 

Le islative 

RULE MONITOR 

NOTICE HEARING EMER RULE 

5/27/2011 6/28/2011 

5/27/2011 6/28/2011 

6/15/2011 7/20/2011 

6/3/2011 7/5/2011 

6/17/2011 7/18/2011 

6/17/2011 7/18/2011 

6/17/2011 7/18/2011 

6/17/2011 7/18/2011 

6/17/2011 7/18/2011 

6/17/2011 7/18/2011 

6/17/2011 7/18/2011 

6/8/2011 7/8/2011 

SEC/STATE 

7/20/2011 

7/20/2011 

7/21/2011 

7/20/2011 

7/29/2011 

7/29/2011 

7/29/2011 

7/29/2011 

7/29/2011 

7/29/2011 

7/29/2011 

7/28/2011 

LRMRC-ACTION LEGIS 

Approved 

9/14/2011 

Approved 

9/14/2011 

Approved 

10/11/2011 

FINAL FILE EFFECTIVE 

---

~ 

..... 

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AGENCY/SERIES NO RULE 

Health Safety and Treatment Program 

(64-98) $5.40 

Legislative 

Health Insurance Plan Premium Subsidy 

(113-1) $4.00 

Legislative 

Higher Education Tuition and Fee Policy 

Policy Comm. $7.00 

!133-32) Leeislative 

Highways Construction and Reconstruction of 

(157-3) State Roads 

$17.80 

Le islative 

Highways Transportation of Hazardous 

(157-7) Wastes Upon the Roads and 

Highways 

$4.80 

Le islative 

Human Rights Comm. Housing Discrimination Against 

(77-9) Persons with Disabilities Who Utilize 

Assistance Animals 

$4.20 

Le islative 

Human Services Child Care Centers Licensing 

(78-1) $23.80 

Le islative 

Human Services Family Child Care Facility Licensing 

(78-18) Requirements 

$11.60 

Le islative 

Human Services Family Child Care Home 

(78-19) Registration Requirements 

$11.20 

Le islative 

Human Services Child Care Quality Rating and 

(78-22) Improvement System 

$5.20 

Le islative 

Insurance Commission Licensing and Conduct of Insurance 

(114-2) Producers and Agencies 

$5.80 

Legislative 

RULE MONITOR 

NOTICE HEARING EMER RULE 

6/30/2011 7/29/2011 6/30/2011 

Effective 

8/11/2011 

6/8/2011 7/8/2011 6/9/2011 

Approved 

6/30/2011 

8/9/2011 9/8/2011 

9/13/2011 10/13/2011 

5/27/2011 6/27/2011 

5/27/2011 6/27/2011 

6/29/2011 7/29/2011 

6/21/2011 7/22/2011 

6/24/2011 7/27/2011 

6/24/2011 7/25/2011 

6/24/2011 7/27/2011 

6/8/2011 7/8/2011 

SEC/STATE 

7/29/2011 

7/28/2011 

7/21/2011 

7/8/2011 

7/29/2011 

7/27/2011 

7/29/2011 

7/29/2011 

7/29/2011 

7/28/2011 

LRMRC-ACTION 

Approved 

10/11/2011 

Approved 

10/11/2011 

LEGIS FINAL FILE EFFECTIVE 

-..1 

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w 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Insurance Commission Surplus Lines Insurance 6/8/2011 7/8/2011 6/9/2011 7/28/2011 Approved 

(114-20) $11.20 Approved 10/11/2011 

Legislative 6/30/2011 

Amendment 

8/3/2011 

ERDby 

9/14/2011 

Insurance Commission Insurance Holding Company 6/8/2011 7/8/2011 7/28/2011 Modified & 

(114-35) Systems Approved 

$12.00 10/12/2011 

Le islative 

Insurance Commission Continuing Education for Individual 6/8/2011 7/8/2011 7/28/2011 Modified & 

(114-42) Insurance Producers Approved 

$6.00 10/11/2011 

Le islative 

Insurance Commission Mini COBRA 6/8/2011 7/8/2011 7/28/2011 Approved 

(114-93) $5.80 10/11/2011 

Legislative 

Insurance Commission Workers' Compensation Insurance 6/24/2011 7/25/2011 6/24/2011 7/28/2011 Approved 

(114-94) for State Agencies Approved 10/11/2011 

$4.40 7/15/2011 

Legislative 

Labor Zipline and Canopy Tour 6/8/2011 7/8/2011 6/8/2011 7/28/2011 Modified & 

(42-10) Responsibility Act Approved Approved 

$5.40 6/23/2011 10/12/2011 

Legislative 

Labor Amusement Rides and Amusement 6/27/2011 7/27/2011 7/28/2011 Modified & 

(42-17) Attractions Safety Act Approved 

$7.20 10/12/2011 

Legislative 

Labor Supervision of Elevator Mechanics 6/27/2011 7/27/2011 7/28/2011 Modified & 

(42-21A) and Apprentices Approved 

$6.00 10/12/2011 

Legislative 

Massage Therapy General Provisions 6/17/2011 7/18/2011 6/17/2011 7/29/2011 Approved 

Licensure Bd. $9.60 Approved 9/14/2011 

(194-1) Legislative 7/22/2011 

Massage Therapy Schedule of Fees 6/17/2011 7/18/2011 6/17/2011 7/29/2011 

Licensure Bd. $8.40 Approved 

(194-4) Legislative 7/22/2011 

Medicine Formation and Approval of 5/18/2011 6/24/2011 7/12/2011 Approved 

(11-7) Professional Limited Liability 9/14/2011 

Companies 

$4.60 

Legislative 

-..... 

"' .1:> 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Miners' Health, Safety Rules & Regulations Governing the 6/28/2011 7/28/2011 7/29/2011 

and Training Application Process for the WV 

(56-14) Innovative Mine Safety Technology 

Tax Credit Act 

$3.80 

Legislative 

Motor Vehicles Compulsory Motor Vehicle Liability 6/14/2011 7/19/2011 7/29/2011 Modified & 

(91-13) Insurance Approved 

$8.60 10/12/2011 

Legislative 

Natural Resources Special Boating Rules 6/10/2011 7/11/2011 7/25/2011 Modified & 

(58-26) $3.40 Approved 

Legislative 9/14/2011 

Filed 

9/22/2011 

Natural Resources Special Motorboating Regulations 6/8/2011 7/8/2011 5/25/2011 7/26/2011 Modified & 

(58-27) $2.60 Effective Approved 

Legislative 7/6/2011 9/14/2011 

Filed 

9/22/2011 

Natural Resources Hunting and Trapping Rules 9/1/2011 

(58-45) $4.40 

Legislative 

Natural Resources Hunting, Trapping and Fishing 6/10/2011 7/11/2011 7/26/2011 Approved 

(58-45A) Provisions 9/14/2011 

$3.60 

Legislative 

Natural Resources Terms Defining the Terms to be 6/10/2011 7/11/2011 7/25/2011 Modified & 

(58-46) Used Concerning All Hunting and Approved 

Trapping Rules 9/14/2011 

$2.60 Filed 

Legislative 9/22/2011 

Natural Resources Prohibitions When Hunting and 6/10/2011 7/11/2011 7/25/2011 Modified & 

(58-47) Trapping Approved 

$2.80 9/14/2011 

Legislative Filed 

9/22/2011 

Natural Resources General Trapping Rule 6/10/2011 7/11/2011 7/25/2011 Modified & 

(58-53) $2.60 Approved 

Legislative 9/14/2011 

Filed 

9/22/2011 

Natural Resources Migratory Bird Hunting Rule 9/1/2011 

(58-55) $3.40 

Legislative 

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1.0 

U1 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE 

Natural Resources Waterfowl Hunting Rule 

(58-57) $3.80 

Legislative 

Natural Resources Special Waterfowl Hunting Areas 

(58-59) $3.40 

Legislative 

Natural Resources Special Fishing Rule 6/10/2011 7/11/2011 

(58-61) $3.20 

Legislative 

Nursing Home Nursing Home Administrators 2/14/2011 3/16/2011 

Administrators $5.00 

Licensing Bd. Legislative 

(21-1) 

Occupational Therapy Fees for Services Rendered by the 5/17/2011 6/30/2011 

(13-3) Board 

$4.00 

Legislative 

Oil and Gas Rules Governing Horizontal Well 9/8/2011 10/11/2011 8/22/2011 

(35-8) Development Approved 

$4.60 B/29/2011 

Legislative 

Optometry Rules of the WV Bd. of Optometry 6/25/2010 7/26/2010 

(14-1) $3.00 

Legislative 

Optometry Expanded Prescriptive Authority 6/25/2010 7/26/2010 

(14-2) $2.80 

Legislative 

Optometry Schedule of Fees 6/25/2010 7/26/2010 

(14-5) $2.60 

Legislative 

Optometry Examination and Scoring Policy 6/25/2010 7/26/2010 

(14-6) $2.40 

Legislative 

SEC/STATE LRMRC-ACTION 

7/25/2011 Modified & 

Approved 

9/14/2011 

Filed 

9/22/2011 

3/28/2011 Modified & 

Approved 

10/11/2011 

Filed 

10/18/2011 

7/14/2011 Approved 

9/14/2011 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

7/30/2010 Filed 

1/3/2011 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

LEGIS 

SB 157 

HB 2630 

Bundled 

HB 2639 

SB 296 

HB 2906 

Bundled 

HB 2639 

SB 159 

HB 2632 

Bundled 

HB 2639 

SB 160 

HB 2633 

Bundled 

HB 2639 

FINAL FILE 

B/12/2011 

8/12/2011 

B/12/2011 

8/12/2011 

EFFECTIVE 

9/1/2011 

9/1/2011 

8/15/2011 

8/19/2011 

8/15/2011 

8/15/2011 

--..1 

1.0 

0'1 
AGENCY/SERIES NO RULE NOTICE HEARING 

Optometry Licensure by Endorsement 6/25/2010 7/26/2010 

(14-8) $2.60 

Legislative 

Optometry Contact Lenses that Contain and 6/25/2010 7/26/2010 

(14-9) Deliver Pharmaceutical Agents 

Certificate 

$2.40 

Legislative 

Optometry Continuing Education 6/25/2010 7/26/2010 

(14-10) $2.80 

Legislative 

Optometry Injectable Pharmaceutical Agents 6/24/2010 7/23/2010 

(14-11) Certificate 

$3.00 

Legislative 

Osteopathy Licensing Procedures for 6/1/2011 7/1/2011 

(24-1) Osteopathic Physicians 

$14.40 

Legislative 

Personnel Administrative Rule of the WV Div. 5/20/2011 6/30/2011 

(143-1) of Personnel 

$19.40 

Le islative 

Personnel Workers' Compensation Temporary 5/20/2011 6/30/2011 

(143-3) Total Disability 

$5.80 

Le islative 

Pharmacy Licensure and the Practice of 6/17/2010 7/18/2010 

(15-1) Pharmacy 

$12.60 

Legislative 

Pharmacy Rules of the Bd. of Pharmacy for the 6/23/2011 7/25/2011 

(15-2) Uniform Controlled Substances Act 

$9.40 

Legislative 

RULE MONITOR 

EMER RULE SEC/STATE LRMRC-ACTION 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

7/30/2010 Modified & 

Approved 

11/16/2010 

Filed 

11/24/2010 

7/30/2010 Modified with 

certain 

amendments and 

approved 

12/14/2010 

Filed 

12/23/2010 

7/28/2011 Approved 

9/14/2011 

7/22/2011 

7/22/2011 

7/29/2010 Approved 

11/16/2010 

7/29/2011 Approved 

10/12/2011 

LEGIS 

SB 161 

HB 2634 

Bundled 

HB 2639 

SB 162 

HB 2635 

Bundled 

HB 2639 

SB 158 

HB 2631 

Bundled 

HB 2639 

SB297 

HB 2907 

Bundled 

HB 2639 

SB 165 

HB 2597 

Bundled 

HB 2639 

FINAL FILE 

8/12/2011 

8/12/2011 

8/12/2011 

8/12/2011 

6/29/2011 

EFFECTIVE 

8/15/2011 

8/15/2011 

8/15/2011 

11/1/2011 

7/1/2011 

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AGENCY/SERIES NO RULE NOTICE 

Pharmacy Bd. of Pharmacy Rules for the 6/23/2011 

(15-3) Continuing Education for Licensure 

of Pharmacists 

$5.60 

Le islative 

Pharmacy Licensure of Wholesale Drug 6/23/2011 

(15-5) Distributors 

$5.80 

Le islative 

Pharmacy Controlled Substances Monitoring 6/17/2010 

(15-8) $3.40 

Legislative 

Pharmacy Bd. of Pharmacy Rules Regarding 9/14/2011 

(15-12) Immunizations Administered by 

Pharmacists 

$4.40 

Le islative 

Professional Examination and Licensing of 5/17/2011 

Surveyors Professional Surveyors in WV 

(23-1) $5.60 

Le islative 

Public Service Rules and Regulations for the 3/22/2011 

Commission Government of Electric Utilities 

(150-3) $12.30 

Legislative ExemBt 

Public Service Rules and Regulations for the 3/31/2011 

Commission Government of Railroad Safety and 

(150-8) Sanitation 

$9.80 

Legislative Exempt 

Public Service Rules Governing Motor Carriers, 7/28/2011 

Commission Private Commercial Carriers, and 

(150-9) the Filing of Evidence of Insurance 

and Financial Responsibility by 

Motor Carriers 

$15.50 

Le9islative ExemBt 

Public Service Rules Governing Innovative, 2/9/2011 

Commission Alternative Sewer Systems 

(150-35) $5.60 

Legislative Exempt 

RULE MONITOR 

HEARING EMER RULE SEC/STATE 

7/25/2011 7/29/2011 

7/25/2011 7/29/2011 

7/18/2010 7/29/2010 

10/20/2011 

6/21/2011 7/12/2011 

4/21/2011 

Hearing 

6/2/2011 

Written 

Comments 

4/29/2011 

Hearing 

7/18/2011 

--

8/29/2011 

3/15/2011 

LRMRC-ACTION LEGIS 

Approved 

10/12/2011 

Approved 

10/12/2011 

Approved SB 166 

11/16/2010 HB 2598 

Bundled 

HB 2639 

FINAL FILE 

6/29/2011 

7/28/2011 

EFFECTIVE 

7/1/2011 

8/28/2011 

~ 

-..1 

\0 

co 
RULE MONITOR 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION LEGIS FINAL FILE EFFECTIVE 

Racing Commission Simulcast Pari-Mutuel Wagering at 7/15/2011 8/15/2011 7/14/2011 9/13/2011 

(178-7) Authorized Gaming Facility in Approved 

Historic Resort Hotel 7/22/2011 

$5.20 

Le islative 

Real Estate Appraiser Investigative and Hearing 5/25/2011 6/27/2011 

Lie. & Cert. Bd. Procedures 

(190-4) $4.20 

Procedural 

Sanitarians, Bd. Of Interim Fee Schedule 6/17/2010 7/19/2010 5/18/2010 7/29/2010 Approved SB 171 6/28/2011 6/28/2011 

Reg. for $2.40 Effective 11/16/2010 HB 2600 

(20-3) Legislative 6/29/2010 Bundled 

HB 2639 

Sanitarians, Bd. of Rules Governing the Practice of 6/23/2010 7/23/2010 7/29/2010 Approved SB 172 6/28/2011 6/28/2011 

Ref. for Public Health Sanitation 11/16/2010 HB 2601 

(20-4) $3.40 Bundled 

Legislative HB 2639 

School Building School Building Authority Policy & 7/6/2011 8/8/2011 

Authority Procedures Handbook 

(164-1) $43.70 

Procedural 

Secondary Schools Athletics, Provisions Governing 5/12/2011 6/13/2011 7/15/2011 9/13/2011 

Activities Comm. Eligibility 

(127-2) $10.40 

Le islative 

Provisions Governing Contests 5/12/2011 6/13/2011 7/15/2011 9/13/2011 

$13.00 

Le islative 

Secondary Schools Provisions Governing Conduct 5/12/2011 6/13/2011 7/15/2011 9/13/2011 

Activities Comm. $5.60 

(127-4) Le~islative 

Secretary of DHHR; All-Payer Claims Database- Data 6/14/2011 7/14/2011 7/28/2011 Modified & 

Insurance Comm.; and Submission Requirements Approved 

Chair of the Health $6.20 10/11/2011 

Care Authority Legislative 

114A-1 

Secretary of DHHR; All-Payer Claims Database 6/8/2011 7/8/2011 7/28/2011 Approved 

Insurance Comm.; and Program's Privacy and Security 10/11/2011 

Chair of the Health Rule 

Care Authority $4.60 

(114A-2) Le~islative 

Secretary of State Vote-by-Mail Pilot Project Phase 2: 6/30/2011 7/29/2011 7/29/2011 

(153-39) Voting by Mail 

$5.60 

Le islative 

~ 

..... 

<0 

<0 
AGENCY/SERIES NO RULE 

Secretary of State Rules for General Management and 

(153-42) Preservation of State Records 

$6.40 

Le islative 

State Police WV State Police Career 

(81-3) Progression System 

$8.20 

Le islative 

State Police Modified Vehicle Inspection Manual 

(81-4) $12.20 

Le islative 

State Police Organizational Structure 

(81-13) $3.20 

Inter relive 

Tax Department Payment of Taxes by Electronic 

(110-10F) Funds Transfer 

$5.60 

Legislative 

Tax Department Commercial Patent Incentives Tax 

(11 0-130) Credit 

$5.60 

Le islative 

Tax Department Per se Exemption for Purchases by 

(11 0-15J) Contractors Performing Contracting 

for Government-owned Water or 

Sewer Utilities or Public Service 

District Water or Sewer Utilities 

$3.00 

Inter relive 

Tax Department Exchange of Information Agreement 

(110-50G) Between the State Tax Dept and the 

Dept of Commerce, the Dept of 

Transportation and the Dept of 

Environmental Protection 

$3.80 

Le islative 

Waste Management, Solid Waste Management Rule 

Div. of Water & Waste $26.50 

Mgmt. Legislative 

33-1 

Waste Management, Hazardous Waste Management 

Div. of Water & Waste System 

Mgmt.. $10.00 

(33-20) Legislative 

RULE MONITOR 

NOTICE HEARING EMER RULE 

6/30/2011 7/29/2011 

5/18/2011 6/21/2011 

6/16/2011 7/18/2011 

6/8/2011 7/10/2011 

1/26/2011 2/24/2011 12/29/2010 

Approved 

2/8/2011 

6/1/2011 7/1/2011 

8/19/2011 9/23/2011 

6/17/2011 7/18/2011 

6/13/2011 7/12/2011 

6/9/2011 7/12/2011 

SEC/STATE LRMRC-ACTION 

7/29/2011 

7/25/2011 

7/25/2011 

7/25/2011 

4/21/2011 Modified & 

Approved 

7/13/2011 

Filed 

8/5/2011 

7/18/2011 Modified & 

Approved 

9/14/2011 

7/29/2011 Modified & 

Approved 

9/14/2011 

7/29/2011 

7/28/2011 

LEGIS FINAL FILE 

10/13/2011 

EFFECTIVE 

11/15/2011 

co 

0 

0 
AGENCY/SERIES NO 

Water Resources 

(47-2) 

RULE 

Requirements Governing Water 

Quality Standards 

$12.30 

Legislative 

NOTICE 

3/3/2010 

6/4/2010 

RULE MONITOR 

HEARING EMER RULE 

4/1/2010 3/3/2010 

7/19/2010 Approved 

3/5/2010 

SEC/STATE LRMRC-ACTION LEGIS 

6/4/2010 Approved SB 122 

7/30/2010 1/10/2011 HB 2581 

Bundled 

SB 121 

FINAL FILE 

6/27/2011 

EFFECTIVE 

6/27/2011 

~ 

00 

0 

~ 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In This Box 

2011 OC-1 IS 1.:111: :ju 

ADMINISTRATIVE LAW DIVISION 

Form#4 :J L : , .:I:11E 

-'! {)[) 

~ '?' 

NOTICE OF RULE MODIFICATION OF A PROPOSED RULE 

AGENCY; West Virgmia lkpartment of Agriculture .TITLE NUMBER:--61

-

CITE AUTHORITY: _L_c:..g;_,l•_•_i,_•---------------------------

AMENDMENT TO AN EXISTING RULE: YES- NO__:__ 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: -----

TITLE OF RULE BEING AMENDED:------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: !A 

THE ABOVE PROPOSED LEGISLATIVE RULES, FOLLOWING REVIEW BY THE LEGISLATIVE RULE MAKING 

REVIEW COMMITTEE, IS HEREBY MODIFIED AS A RESULT OF REVIEW AND COMMENT BY THE 

LEGISLATIVE RULE MAKING REVIEW CO:-.IMITTEE. THE ATTACHED MODIFICATIONS ARE FILED WITH 

THE SECRETARY OF STATE. 

~~}tJ?e_ Authorized Signature 

LEGISLATIVE 

WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In This Box 

zn;:cc; 1s :=:; 3=27 

ADMINISTRATIVE LAW DIVISION c. 

.'{t,. ·<1,1/ Fonn #4 - 1-:'T,I 

--------------------------

NOTICE OF RULE MODIFICATION OF A PROPOSED RULE 

AGENCY: West Virginia. Department of Agriculture .TITLE NUMBER: __ 61_ 

CITE AUTHORITY: _

19

_.

1

_

5

._

12

-----------------------

AMENDMENT TO AN EXISTING RULE: YES_ NO_:_ 

IF YES, SERIES NUMBER OF RULE BEING AMENDED:-----

TITLE OF RULE BEING AMENDED:------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 60 

TITLE OF RULE BEING PROPOSED: _N_u_•_rie_n_t M_'"-'g:.e_m_e_n,_c_ert_i,::fi,::";::'i:::on:_ _________ _ 

TilE ABOVE PROPOSED LEGISLATIVE RULES, FOLLOWING REVIEW BY THE LEGISLATIVE RULE MAKING 

REVIEW COMMITTEE. IS HEREBY MODIFIED AS A RESULT OF REVIEW AND COMMENT BY THE 

LEGISLATIVE RULE MAKING REVIEW COMMITTEE. THE ATTACHED MODIF!CA TIONS ARE FILED WITH 

TilE SECRETARY OF STATE. 

JL~~~-

,,-" oO "'.,, 

~ 

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"" 
P.O. BOX 2067 

CHARLES'ION, WV 25327 

Earl Ray Tomblin 

Governor 

October 17, 2011 

Honorable Natalie Tennant 

West Virginia Secretary of State 

Attn: Administrative Law Division 

1900 Kanawha Boulevard, East 

Charleston, WV 25305-0771 

Dear Secretary Tennant: 

~~ ,,..., ... ,,., I :h'Ja11/J. 

LOTT€/fY PHONE: 304-558-0500 

FAX: 304-558-3321 

John C. Musgrave 

Director 

="'· rri 

~') 

r-

,., 

-..J 

':-.' 

c..: 

Pursuant toW. Va. Code §29-22A-5(a), the West Virginia State Lottery is, from time to time, to 

adopt game rules pertaining to Racetrack Video Lottery which are specifically authorized by W.Va. Code 

§§29-22A-I et seq. 

Enclosed are game rules for the "Valiant Knight" game manufactured by WMS Gaming, Inc. for 

lottery terminals located at all four licensed racetracks in the State. 

Please file this document as a game rule. 

":15 

JCM/mr 

Enclosures: Valiant Knight 

www.wvlottery.com 

LEGISLATIVE .I:IDU : 

~G ••or..:. 

•aco ' 

••m i . . , •am ~' ~ ZDII D~. I~ Pi; 2: 17 

SCIENTIFIC GAMES" 

SEt', 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 636 

"lOX The Money" 

GAME RULES 

NOVEMBER 7, 2011 

- )/,,\]f 

1500 Bluegrass Lakes PJ.wy, Alpharetta, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842 

~ 

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•llt:l 

~ ••w,:. •acL:. ••t.:l , .. 

SCIENTIFIC GAMES' 

... 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 635 

"King's Cash" 

GAME RULES 

NOVEMBER 7, 2011 

291/ De; I~· r·;: 2

: f i 

('-

u:.t~ 

.. ~:rE 

1500Bhu·gmss Lakes PkHJ', Alpharel/a, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842 

LEGISLATIVE 

•ac~lr. •auni .. §G•acr·· 

•acc: 

•auiti.j 

SCIENTIFIC GAMES' zau oc; 1:; P;; 2= ro 

(@) 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 634 

"Veterans' Cash" 

GAME RULES 

NOVEMBER 7, 2011 

l. 

(1,-

o):..J ~ ·~·'" ... 

;T,·\TE 

1500 Bluegrass Lakes Pkwy. Alpharel/a, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842 

~ 

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§G••na. 

••u•c•- ••u,,,_. 

••at. I: ••w .. :. 

SCIENTIFIC GAMES' 21!/l CC; 15 

'I ,_,; 

6~J .... ~ ·: 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 633 

"Chia Pet®" 

GAME RULES 

NOVEMBER 7, 2011 

, .. "'· ,,. t ., .:> j u 

.·J,,, 

>u'FATE 

1500 Bluegrass Lakes Pk11y, Alpharetta, GA 30004 Telephone (770) 664-3 700 Fax (770) 664-3842 

LEGISLATIVE 

•at.:?h: .. 

~G •ao ... ». 

••:n:m:: 

•acr·;: 

•auL;~ .. 

SCIENTIFIC GAMES" 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 632 

"Pink Diamond Bingo" 

GAME RULES 

October 11, 2011 

zan r:c~ : ~ r;: 2= 16 

.:~L:- . :iTi'.TE 

1500 Bluegrass Lakes Phwy, Alpharetta, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842 

~ 

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V1 
BBDL. 

~G BBCIL . 

BBtlC. 

2D!lcc·, IS 

••ct.~ BI!IU!~ .. 

SCIENTIFIC GAMES' 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 631 

"Git-R-Won" 

GAME RULES 

NOVEMBER 7, 2011 

v 

sEc .. 

r:; 2= : s 

vf,\IE 

1500 Bluegrass Lakes Pkll~'· Alpharel/a, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842 

LEGISLATIVE 

~G ••ncr: ••uL.:·: 

•• I:!L:: 

••ct::. •1u . .a.;: 

SCIENTIFIC GAMES' 

2L!/ CCi IS 

SLL. 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 630 

"Holiday Tripier" 

GAME RULES 

October 11, 2011 

r:; 2= :s 

:fA IE 

500 Bluegrass Lakes Phvy, Alpharetta. GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842 

~ 

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•• LHdi 

••~::_· .... _, •aat;: 

•• [H.~;, 

SCIENTIFIC GAMES' 

2fiil cc; ; :: r;; 2: 1'" 

(.,-. 

s~lv', 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 629 

"$250 Christmas Club" 

GAME RULES 

October 11, 2011 

., :iJ:·.TE 

1500 Bluegrass Lakes Pkwy. Alpharetta, GA 30004 Telephone (770) 664-3 700 Fax (770) 664-3842 

LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In This Box 

z::;: c~·; : ~: r;: 2= ~2 

ADMINISTRATIVE LAW DIVISION \·. 

_F~~#~----------------------- -,,·,;: 

NOTICE OF RULE MODIFICATION OF A PROPOSED RULE 

AGENCY: Nursing Home Administrators Licensing Board .TITLE NUMBER: __ 21_ 

CITEAUTHORITY:_30_-2_5-_5 ________________________ _ 

AMENDMENT TO AN EXISTING RULE: YES_'_ NO_ 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: -----

TITLE OF RULE BEING AMENDED· 21-t-3. Felony Conviction, Record Checks, 21-1-5. Inactive Licensure Status · 21-1-6 Sub=standard Quabty ol Care Poi1cy, Heanng Notices to bC pubhshcd 

21-1.7. Federal Health Integrity Protection Data Bank Queries 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: -----

TITLE OF RULE BEING PROPOSED:------------------

THE ABOVE PROPOSED LEGISLATIVE RULES, FOLLOWING REVIEW BY THE LEGISLATIVE RULE MAKING 

REVIEW COMMITTEE, IS HEREBY MODIFIED AS A RESULT OF REVIEW AND COMMENT BY THE 

LEGISLATIVE RULE MAKING REVIEW COMMITTEE. THE ATTACHED MODIFICATIONS ARE FILED WITH 

THE SECRETARY OF STATE. 

u:dL4<=CZJ 

Autliorized ~ -

(_ 00 ~If.'-

-00 

0 

'-I 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE TENNANT 

Do Not Mark In this Box 

2tJJ oc; l:J Pil 3= 11, 

ADMINISTRATIVE LAW DIVISION 1 .... 1\'J; . 

Form#5 . '·' i)/i\JE 

NOTICE OF AGENCY ADOPTION OF A PROCEDURAL OF INTERPRETIVE RULE 

OR A LEGISLATIVE RULE EXEMPT FROM LEGISLATIVE REVIEW 

AGENCY: State Tax Department TITLE NUMOER: _!1~10L. ________ _ 

CITE AUTHORITY W.Va. Code§§ 11-10-5 and ll-15-9m 

RULE TYPE: PROCEDURAL INTERPRETIVE--""------

EXEMPT LEGISLATIVE RULE-------

CITE STATUTE (s) GRANTING EXEMPTION FROM LEGISLATIVE REVIEW 

AMENDMENT TO AN EXISTING RULE: YES NO X 

IF YES, SERIES NUMOER OF RULE OEING AMENDED:---------

TITLE OF RULE OEING AMENDED:------------------

IF NO, SERIES NUMOER OF NEW RULE OEING ADOPTED: __,l""SJ,__ ________ _ 

TITLE OF RULE OEING ADOPTED: Per sc Exemption for Purchases by Contractors Performing 

Contracting for Government-owned Water or Sewer Utilities or Public Service District Water or Sewer 

Utilities. 

' THE ABOVE RULE IS IIEREOY ADOPTED AND FILED WITH TilE SECRETARY OF STATE. THE 

!.}" EFFECTIVE DATE OF TillS RULE IS _N~o"'v'-'e.!!.m'-"b""cr.;:o.J~ • .,20'-'1_,!,1 ____________ _ 

{Jf;j/L---__ 

--· . - ~Ci,arles 0. Lorensen -

Cabinet Secretary of the Department of Revenue 

~"?.oo 

INTERPRETIVE 

~ 

00 

0 

00 
Legislative Oversight Commission on Education Accountability 

WEST VIRGINIA LEGISLATURE 

State Capitol Building 

Charleston, WV 15305 

S!.!natc Education Commiucc 

Phone (30-1) 357-7805 

Room M--l27 

!louse Education Committee 

Phone (30-t) 3-10-3265 

Room M-43-1 

TO: 

TO: 

FROM: 

NOTICE OF ACTION TAKEN BY LEGISLATIVE OVERSIGHT 

COMMISSION ON EDUCATION ACCOUNTABILITY 

October 11, 2011 

The Hen. Natalie Tennant, Secretary of State, State Register 

Mr. James Skidmore 

Chancellor 

Council for Community and Technical College Education 

1018 Kanawha Boulevard, East, Suite 700 

Charleston, West Virginia 25301 

Legislative Oversight Commission on Education Accountability 

.::_n. ~ 

~-. C1 

~ 

::=-

~ 

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<?. 

,.., 

PROPOSED RULE: 135-27. Workforce Development Initiative. 

1. The Legislative Oversight Commission on Education Accountability recommends 

that the West Virginia Legislature: 

A. Authorize the agency to promulgate the legislative rule 

(a) as originally filed 

(b) as modified by the agency 

····X----

B. Authorize the agency to promulgate part of the legislative rule; a 

statement of reasons for such recommendation is attached. ··-------

2. The Legislative Oversight Commission on Education Accountability recommends 

that 

A. the rule be withdrawn; a statement of reasons for such recommendation 

is attached. 

B. the emergency rule be withdrawn; a statement of reasons for such 

recommendation is attached. 

Pursuant to Code §29A-3A-12, this notice has been filed in the State Register and with 

the agency proposing the rule. 

LOCEA 

~ 

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0 

"' 
WEST VIRGINIA LEGISLATURE 

Legislative Rule-Making Review Committee 

2011 OCi ::1 r:r: IO= Q::i 

':.t. . , -;·:li\TE 

Senator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, Chief Counsel 

Rita A. Pauley, Associate Counsel 

Brian Skinner, Associate Counsel 

Charles Roskovensky, Associate Counsel 

Felisha N. Sutherland, Administrative Assistant Jay Laze//, Associate Counsel 

October 12, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO, 

TO' 

FROM: 

Natalie E. Tennant, Secretary of State, State Register 

Jean Smith, Director of Marketing & Development 

WV Department of Agriculture 

State Capitol 

1900 Kanawha Blvd., East 

Charleston, WV 25305 

Legislative Rule-Making Review Committee 

Proposed Rule: Labeling of Imported Honey, Honey Products or Honey Bee 

By-Products; Adulterated Honey, Honey Products or Honey Bee 

By-Products, 61CSR2A 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. 

2. 

3. 

4. 

Authorize the agency to promulgate the Legislative rule: 

(A) 

(B) 

as originally filed 

as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with 

certain amendments; amendments and a statement of reasons for 

such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as 

modified with certain amendments; amendments and a statement 

of reasons for such recommendation is attached. 

5. Recommends that the Legislature rule be withdrawn; a statement 

of reasons for such recommendation is attached. 

_p_~S 

Building I, Room ll.fB-49 I900 Kanawlta Boulevard, East Charleston, IW 25305 

Pltone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.sutfterland@wvlegislature.gov 

LRMRC 

WEST VIRGINIA LEGISLATURE 

Legislative Rule-Making Review Committee 

ZUI I OCi I !1 t11i /0: 05 

Senator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, Chief Counsel 

Felisha N. Sutherland, Administrative Assistant 

Rita A. Pauley, ~tsociate C,ouv'lfl~~;' Brian Skinner, Associate Counsef 

Charles Roskovensky, Associate Counsel 

Jay Laze//, Associate Counsel 

October 12, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO' 

TO: 

FROM: 

Proposed Rule: 

Natalie E. Tennant, Secretary of State, State Register 

Bob Tabb, Deputy Commissioner 

WV Department of Agriculture 

State Capitol 1900 Kanawha Blvd., East 

Charleston, WV 25305 

Legislative Rule-Making Review Committee 

Nutrient Management Certification, 61CSR6D 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. Authorize the agency to promulgate the Legislative rule: 

2. 

3. 

4. 

5. 

(A) as originally filed 

(B) as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for 

such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as 

modified with certain amendments; amendments and a statement 

of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement 

of reasons for such recommendation is attached. 

~# 

Building I, Room MB-49 1900 Kanawha Boulevard, East Charleston, WV 25305 

Phone: (304) 347-4840 Fax: (304) 347-4901 email: fe/islta.sutherland@wvlegislature.gov 

~ 

00 

~ 

0 
-, 

WEST VIRGINIA LEGISLATURE ZOIJ OCi /1, f:il/0: O!:i 

Legislative Rule-Making Review Committee 1 6•_, \..;,/1)·, 

Senator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, Chief Counsel 

Rita A. ?Oil-ley,-AssociateT.(iJ[unsel 

Brian Skinner, Associate Counsel 

Charles Roskovensky, Associate Counsel 

Felisha N. Sutherland, Administrative Assistant Jay Lazell, Associate Counsel 

October 12, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO' 

TO' 

FROM' 

Proposed Rule: 

Natalie E. Tennant, Secretary of State, State Register 

Robert E. Pitts, DVM 

wv Department of Agriculture 

State Capitol 

1900 Kanawha Blvd., East 

Charleston, WV 25305 

Legislative Rule-Making Review Committee 

Inspection of Meat and Poultry, 61CSR16 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

l. 

2. 

3. 

4. 

5. 

Authorize the agency to promulgate the Legislative rule: 

(A) as originally filed 

(B) as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with 

certain amendments; amendments and a statement of reasons for 

such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as 

modified with certain amendments; amendments and a statement 

of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement 

of reasons for such recommendation is attached. 

_:{}_ ~~ 

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, WV 25305 

Phone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.sutherland@wvlegislature.gov 

LRMRC 

WEST VIRGINIA LEGISLATURE 2Gil OCT 13 Pil ~: I 4 

Legislative Rule-Making Review Committee 

Senator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, Chief Counsel 

Rita ~/fPauley,Ass~iX~~··Counsel Brian Skinner, Associate Counsel 

Charles Roskovensky, Associate Counsel 

Felisha N. Sutherland, Administrative Assistant Jay Lazell, Associate Counsel 

October 11, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO' 

TO' 

FROM' 

Natalie E. Tennant, Secretary of State, State Register 

Constance Sloan 

WV Board of Funeral Service Examiners 

179 Summers Street 

Room 305 

Charleston, WV 25301 

Legislative Rule-Making Review Committee 

Proposed Rule: Crematory Requirements, 6CSR2 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

l. 

2. 

3. 

4. 

5. 

Authorize the agency to promulgate the Legislative rule: 

(A) as originally filed 

(B) as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with 

certain amendments; amendments and a statement of reasons for s~ch recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as 

modified with certain amendments; amendments and a statement 

of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement 

of reasons for such recommendation is attached. 

_:£2_11'-"> 

Buildi11g 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, WV 25305 

Pltone: (304) 347-4840 Fax: (304) 347-4901 email: felislta.sutlterland@wvlegislature.gov 

~ 

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~ 
WEST VIRGINIA LEGISLATURE 

Legislative Rule-Making Review Committee 

2l'.'Jc~·; 11f ::;: Io= c·, 

OJ,'., 

-ol;IJf 

Senator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Cirair 

Debra A. Graham, Chief Counsel 

Rita A. Pauley, Associate Counsel 

Brian Skinner, Associate Counsel 

Charles Roskovensky, Associate Counsel 

Felisha N. Sutherland, Administrative Assistant Jay Lazell, Associate Counsel 

october 12, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO: Natalie E. Tennant, Secretary of State, State Register 

TO: 

FROM: 

Proposed Rule: 

Timothy R. Murphy, Associate Counsel 

WV Insurance Commission 

P.O. Box 50540 

1124 Smith Street, Greenbrooke Building 

Charleston, WV 25305-0540 

Legislative Rule-Making Review Committee 

Insurance Holding Company Systems, 114CSR35 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. Authorize the agency to promulgate the Legislative rule: 

2. 

3. 

4. 

5. 

(A) as originally filed 

(B) as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with 

certain amendments; amendments and a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

-¥!-fr) 

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, IW 25305 

Phone: (304) 347-4840 Fax: (304) 347-4901 email: felislra.sutherland@wvlegislature.gov 

LRMRC 

WEST VIRGINIA LEGISLATURE 

ZUI: Or;r ft-s i:!: /0: OS 

Legislative Rule-Making Review Committee ,; _ _ _. . 

j· r "' qr-. 

Smator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, ChiefCounsel 

Rita A. Paul;y, Assoi:itit~: iib1l~el Brian Skinner, Associate Counsel 

Charles Roskovensky, Associate Counsel 

Felisha N. Sutherland, Administrative Assistant Jay Lazell, Associate Counsel 

October 12, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO: 

TO: 

FROM: 

Proposed Rule: 

Natalie E. Tennant, Secretary of State, State Register 

David Mullins WV Division of Labor 

Building 6, Room B-749 

Charleston, WV 25305 

Legislative Rule-Making Review Committee 

Zipline and Canopy Tour Responsibility Act, 42CSR10 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. Authorize the agency to promulgate the Legislative rule: 

2. 

3. 

4. 

5. 

(A) as originally filed 

(B) as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for 

such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement 

of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

_Y!_41'-f 

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, WV 25305 

Pflone: (304) 347-4840 Fax: (304) 347-4901 email: felislla.sutllerland@wvlegislature.gov 

-00 

N -
WEST VIRGINIA LEGISLATURE 

Legislative Rule-Making Review Committee 

2GiiC:;I 14 WIO:os 

Senator Joseph 1lfinard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, CltiefCounsel 

Rita A. PJ1tey,-AssoCiateT~ffimsel Brian Skinner, Associate Counsel 

Charles Roskovensky, Associate Counsel 

Felisha N. Sutherland, Administrative Assistant Jay Lazell, Associate Counsel 

October 12, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO: 

TO: 

FROM: 

Natalie E. Tennant, Secretary of State, State Register 

David Mullins 

WV Division of Labor Building 6, Room B-749 

Charleston, WV 25305 

Legislative Rule-Making Review Committee 

Proposed Rule: Amusement Rides and Amusement Attractions Safety Act, 

42CSR17 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. Authorize the agency to promulgate the Legislative rule: 

2. 

3. 

4. 

5. 

(A) 

(B) 

as originally filed 

as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for 

such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement 

of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

____y_qrvS 

Building I, Room MB-49 I900 Kanawha Boulevard, East Charleston, WV 25305 

Phone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.suther/and@wvlegislature.gov 

LRMRC 

WEST VIRGINIA LEGISLATURE ZUI; OCT I L1 r.:; 10: 05 

Legislative Rule-Making Review Committee , , , ,, 

~:--1 - ,- ,j,j~/,"i 

Senator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, Chief Counsel 

Rt~a A. Pautey,'Assol:iaie tfoVi!Dsel 

Brian Skinner, Associate Counsel 

Charles RoskoveiiSky, Associate Counsel 

Felisha N. Sutherland, Administrative Assistant Jay Laze/1, Associate Counsel 

October 12, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO: 

TO: 

FROM: 

Natalie E. Tennant, Secretary of State, State Register 

David Mullins WV Division of Labor 

Building 6, Room B-749 

Charleston, WV 25305 

Legislative Rule-Making Review Committee 

Proposed Rule: Supervision of Elevator Mechanics and Apprentices, 42CSR21A 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. Authorize the agency to promulgate the Legislative rule: 

2. 

3. 

4. 

5. 

(A) 

(B) 

as originally filed 

as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with 

certain amendments; amendments and a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

Y?"J''-J 

Building I, Room MB-49 I 900 Ka11awha Boulevard, East Cllarleston, WV 25305 

Phone: (304) 347-4840 Fax: (304) 347-490I email: fe/isha.sutllerland@wvlegislature.gov 

-00 

-w 
WEST VIRGINIA LEGISLATURE 

Legislative Rule-Making Review Committee 

2~ ll c~·:- 1/: 

~~/:lo: n5 

. Ji!~f' 

Senator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, Clrief Counsel 

Rita A. Pauley, Associate Counsel 

Brian Skinner, Associate Counsel 

Clrarles Roskovensky, Associate Counsel 

Felislra N. Sutherland, Administrative Assistant Jay Lazell, Associate Counsel 

October 12, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO: 

TO: 

FROM: 

Proposed Rule: 

Natalie E. Tennant, Secretary of State, State Register 

Steve 0. Dale 

WV Division of Motor Vehicles 5707 MacCorkle Avenue, SE P.O. Box 17300 Charleston, WV 2531? 

Legislative Rule-Making Review Committee 

Compulsory Motor Vehicle Liability Insurance, 91CSR13 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. 

2. 

3. 

4. 

5. 

Authorize the agency to promulgate the Legislative rule: 

(A) as originally filed 

(B) as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for 

such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as 

modified with certain amendments; amendments and a statement 

of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement 

of reasons for such recommendation is attached. 

1~ 

Building 1, Room MB-49 1900 Kanaw/ra Boulevard, East C/rarleston, IW 25305 

Pirone: (304) 347-4840 Fax: (304) 347-4901 email: felislra.sutlrerland@wvlegislature.gov 

LRMRC 

WEST VIRGINIA LEGISLATURE 

Legislative Rule-Making Review Committee 

201! c~·i lls f::UG: 04 

,,' ·.'.lh - · c[\TE 

Senator Joseplr Minard, Co-C/rair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Gralram, ClriefCounsel 

Rita A. Pauley, Associate Counsel 

Brian Skinner, Associate Counsel 

Clrarles Roskovensky, Associate Counsel 

Felislra N. Sutherland, Administrative Assistant Jay Lazell, Associate Counsel 

October 12, 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO: 

TO: 

FROM: 

Natalie E. Tennant, Secretary of State, State Register 

David E. Potters wv Board of Pharmacy 232 Capitol Street 

Charleston, WV 25301 

Legislative Rule-Making Review Committee 

Proposed Rule: Rules of the Board of Pharmacy for the Uniform Controlled 

substances Act, 15CSR2 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. 

2. 

3. 

4. 

5. 

Authorize the agency to promulgate the Legislative rule: 

(A) as originally filed 

(B) as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for 

such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement 

of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

__yz_~ 

Building 1, Room MB-49 1900 Kanawlra Boulevard, East Clrarleston, 1W 25305 

Pirone: (304) 347-4840 Fax: (304) 347-4901 email: felislra.sutlrerland@wvlegislature.gov 

00 

~ 

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WEST VIRGINIA LEGISLATURE 

Legislative Rule-Making Review Committee 

2C! l OC; I !1 :':uc, C4 

I" 

,lfD£ 

Senator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, Chief Counsel 

Rita A. Pauley, Associate Counsel 

Brian Skinner, Associate Counsel 

Charles Roskovensky, Associate Counsel 

Felisha N. Sutherland, Administrative Assistant Jay Laze//, Associate Counsel 

October 12. 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO' 

TO' 

FROM' 

Natalie E. Tennant, Secretary of State, State Register 

David E. Potters 

WV Board of Pharmacy 232 Capitol Street 

Charleston, wv 25301 

Legislative Rule-Making Review committee 

Proposed Rule: Board of Pharmacy Rules for Continuing Education for 

Licensure of Pharmacists, 15CSR3 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. 

2. 

3. 

4. 

5. 

Authorize the agency to promulgate the Legislative rule: 

(A) as originally filed 

(B) as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for 

such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

_Y!_qf\s 

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, rw 25305 

Phone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.sutlterland@wvlegislature.gov 

LRMRC 

2~11 o:·: 1 ~~ iJliD= f:14 

WEST VIRGINIA LEGISLATURE 

Legislative Rule-Making Review Committee , ~ I\' 

!Til if 

Senator Joseph Minard, Co-Chair 

Delegate Bonnie Brown, Co-Chair 

Debra A. Graham, Chief Counsel 

Rita A. Pauley, Associate Counsel 

Brian Skinner, Associate Counsel 

Charles Roskovensky, Associate Counsel 

Felislta N. Sutherland, Administrative Assistant Jay Laze/1, Associate Counsel 

October 12. 2011 

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

TO, 

To, 

FROM' 

Proposed Rule: 

Natalie E. Tennant, Secretary of State, State Register 

David E. Potters 

WV Board of Pharmacy 232 Capitol Street 

Charleston. WV 25301 

Legislative Rule-Making Review Committee 

Licensure of Wholesale Drug Distributors, lSCSRS 

The Legislative Rule-Making Review Committee Recommends that the West Virginia 

Legislature: 

1. 

2. 

3. 

4. 

5. 

Authorize the agency to promulgate the Legislative rule: 

(A) as originally filed 

(B) as modified by the agency 

Authorize the agency to promulgate part of the Legislative rule; 

a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached. 

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached. 

Recommends that the Legislature rule be withdrawn; a statement 

of reasons for such recommendation is attached. 

__'f!..!f-5 

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, rw 25305 

Phone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.sutlterlalld@wvlegislature.gov 

-co 

V1 
Docket Number 

11-3-9506-X 

11-3-9507-X 

11-2-9503-X 

11-1-951 0-X 

1 0-5-9204-H 

11-2/3-9496-X 

1 0-AP-FP-02057 

11-MAP-02003 

1 0-AP-FP-020 16 

1 0-AP-FP-02054 

11-MAP-02006 

N/A 

N/A 

N/A 

Orders Report 

Agency Respondent 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Insurance Commission 

Insurance Commission 

Insurance Commission 

Insurance Commission 

Insurance Commission 

Medicine 

Medicine 

Medicine 

KVC Behavioral Healthcare 

S & K Holdings, Inc. 

Williamson Memorial Hospital LLC, Williamson HMA 

Physician Management LLC 

The Council of the Southern Mountains 

Marietta Memorial Hospital 

Valley Health 

Farmers and Mechanics Mutual Insurance Company 

State Auto National Insurance Company 

Farmers and Mechanics Mutual Insurance Company 

Farmers and Mechanics Mutual Insurance Company 

W.VA. Farmers Mutual Insurance Association 

Tariq Mahmood Malik, M.D. 

Asif Anwarali Najmuddin, M.D. 

Frankie Allen Puckett, M.D. 

Decision Date 

10/7/2011 

10/7/2011 

10/7/2011 

10/1212011 

10/1212011 

10/1212011 

9/23/2011 

9/23/2011 

9/23/2011 

9/23/2011 

10/11/2011 

10/5/2011 

10/5/2011 

10/11/2011 

Pagel ofl 

~ 

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0"1 
NO. 

2011-01 

WEST VIRGINIA ETHICS COMMISSION ADMINISTRATIVE LAW JUDGE ADVISORY OPINIONS 

OPINION SOUGHT 

An Administrative Law Judge asks if the Code of Conduct for Administrative Law Judges prohibits an Administrative Law Judge 

from traveling to and from hearings with members of the agency when the agency is a party to the underlying complaint. 

~ 

00 

..... 
NO. 

. 2011-02 

WEST VIRGINIA ETHICS COMMISSION CONTRACT EXEMPTION 

OPINION SOUGHT 

The Guyan Conservation District requests a contract exemption to allow its continued use of the Putnam County Bank as the 

! depository for some of the District's funds. 

~ 

00 

~ 

00 
NO. 

i 2011-06 

WEST VIRGINIA ETHICS COMMISSION'S COMMITTEE ON OPEN GOVERNMENTAL MEETINGS ADVISORY OPINIONS 

OPINION SOUGHT 

An attorney on behalf of the Hardy County Rural Development Authority asks whether the Open Meetings Act prohibits a 

quorum of county commissioners from serving on the Development Authority board. 

~ 

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Grievance Decisions 

Docket# Grievant Respondent 

201 0-0954-HamED Sharon Marie Michaei-Piati Hampshire Co BOE 

2010-1225-DHHR Christa Janes Bureau for Children & Families 

2010-1225-DHHR Christa Janes DHHR 

201 0-1293-CONS Kristopher Chapman et al Lottery 

2010-1340-MAPS Chadwick Wesley Ketchum II Personnel 

201 0-1340-MAPS Chadwick Wesley Ketchum II Regional Jail and Correctional 

2010-1340-MAPS Chadwick Wesley Ketchum II Western Regional Jail 

2010-1456-WebED Debra Hayhurst Webster Co BOE 

2010-1552-CONS Brett Cabell et al Highways 

2010-1552-CONS Brett Cabell et al Personnel 

2010-1601-DHHR Teddra Armedia Cecil DHHR 

2010-1601-DHHR Teddra Armedia Cecil Welch Community Hospital 

2011-0025-HRC Brian Wayne Wells Human Rights Commission 

2011-0156-HRC Brian Wayne Wells Human Rights Commission 

2011-0171-MAPS Theodore B Stuart Juvenile Services 

2011-0171-MAPS Theodore B Stuart Lorrie Yeager Jr Juvenile Cente 

2011-0171-MAPS Theodore B Stuart Personnel 

2011-0862-DOT Kenneth R Litten Highways 

2011-0924-DOT Ismail S Latif Highways 

Dec Date 

9/21/2011 

9/20/2011 

9/20/2011 

9/27/2011 

9/30/2011 

9/30/2011 

9/30/2011 

9/26/2011 

9/16/2011 

9/16/2011 

9/20/2011 

9/20/2011 

9/20/2011 

9/20/2011 

9/23/2011 

9/23/2011 

9/23/2011 

9/27/2011 

9/29/2011 

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f-;-
NOTICE OF PUBLIC HEARING CANCELLATIO~ 

In the September 16, 2011 West Virginia Register, the West Virginia Department of 

Environmental Protection (DEP) announced an opportunity for a public hearing on a proposed 

revision to the State Implementation Plan (SIP) regarding the most recently promulgated 

National Ambient Air Quality Standards (NAAQS) for lead. In this proposed revision to the SIP, 

West Virginia is demonstrating that it has adequate resources and authority to implement the 

2008 lead NAAQS. Compliance with specific CAA section 11 O(a)(2) requirements is detailed in 

a document demonstrating that the State meets these express requirements through authorities 

granted under state laws and regulations, as well as implementation of existing air programs. 

DEP sought comments on whether the document adequately demonstrates West Virginia's 

compliance with the pertinent federal CAA mandates related to these so-called infrastructure 

elements. The public comment period began September 16,2011 and ended October 17,2011. 

No comments were received and no person requested a public hearing. Therefore the public 

hearing tentatively scheduled for October 24,2011 is hereby cancelled. 

c:' ~' 

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OTHER WEST VIRGINIA HEALTH CARE AUTHORITY 

CERTIFICATE OF NEED 

1 00 Dee Drive 

Charleston, West Virginia 25311-160fJJII OCi 17 Pil 2:21 

October 17, 2011 ; .I 

J!\TE 

LEGAL NOTICE 

James L. Pitrolo, Jr., Chairman, West Virginia Health Care Authority, announces the 

following Certificate of Need activities for the week ending October 14, 2011. 

LETTER OF INTENT FOR EXPEDITED REVIEW RECEIVED 

October 12, 2011 -Arlington Capital Partners, Chevy Chase, Maryland, CON File 

#11-6-9527-A, for the acquisition of Valley-Alliance Treatment Services, Inc., a 

freestanding Methadone Outpatient Treatment Program; capital expenditure: $1,787,500. 

EXPEDITED APPLICATION RECEIVED 

October 14, 2011 -Charleston Area Medical Center, Charleston, Kanawha County, 

CON File #11-3-9516-P, for the development of an ambulatory health care facility via the 

lease of office space and acquisition of imaging equipment and furnishings located at 2335 

Chesterfield Avenue, Charleston, Kanawha County; capital expenditure: $345,230. 

PROJECT DETERMINED NOT REVIEWABLE 

October 12, 2011 - The Council of the Southern Mountains, Welch, McDowell 

County, CON File # 11-1-951 0-X, for the addition of 600 square feet of rental space to its 

administrative office located in Bluefield, Mercer County; no capital expenditure. 

PROJECT EXEMPT FROM REVIEW 

October 12, 2011 -Valley Health, Huntington, Cabell County, CON File #11-2/3-

9496-X, for the establishment of school based clinic locations at Poca High School and 

Harts Pre-K Intermediate School. Valley has received $492,835 in grant funding to be used 

for equipment and renovations for the clinics. 

CERTIFICATE OF NEED APPROVAL ISSUED 

October 12, 2011 -Marietta Memorial Hospital, Vienna, Wood County, CON File 

#10-5-9204-H, for the establishment of two ambulatory care facilities through the 

employment of two primary care physicians with practice sites located in the Vienna and 

Williamstown areas of Wood County; capital expenditure: $232,981. 

Further information may be obtained on any of the above-referenced projects by 

contacting Timothy E. Adkins, Director, Certificate of Need Division. lt<ll\l~nolo.•OI(~Inl> .. 112011 

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~'"I -:.,_~;,\~~, 

October 13.2011 

STATE OF WEST VIRGINIA 

BOARD OF OSTEOPATHY 

405 Capitol Street, Suite 402 

Charleston, WV 25301 

The Honorable Natalie Tennant 

Secretary of State 

1900 Kanawha Blvd. E. 

Building I- Suite 157K 

Charleston. WV 25305-0610 

Dear Madam Secretary: 

Phone: 304-558-6095 

·-.:::..-~. 

)::, 

rn -· 

Fax: 304-558-6096 OTHER 

"::]. 

..-:: \. 

G. 

<?. 

. ., 

'c....·· 

Enclosed please find our 2011 Annual Report. Should you have any questions or need 

additional copies. please feel free to contact me. 

Sincerely. 

;a~th~i~~ Diana K. Shepard 

Executive Director 

Bureau for Public Health 

Office of Environmental Health Servi~~.~ OCi 1 s r~ii tO: l:l1 

Revised 2011 Intended Use Plan Review 

·,1•:: 

Notice of Public Meeting and Public Comments~~r'i.o(f'' ::>i:i\TE 

The Bureau for Public Health, Office of Environmental Health Services, will hold a public 

meeting on November 18,2011 from 2:00p.m. to 2:30p.m. to accept written or oral comments 

on the proposed Revised July I. 2011 through June 30. 2012 Intended Use Plan {[UP) for the 

West Virginia Drinking Water State Revolving Fund program, including the construction loan 

fund. The meeting will be held at the West Virginia Bureau for Public Health, Environmental 

Engineering Division. Room 345, 350 Capitol Street, Charleston, WV and is open to the public. 

A copy of the proposed !UP will be available for public review on or before October 21,2011 at 

the following locations: 

Charleston Central Office 

Wheeling District Office 

Philippi District Office 

Kearneysville District Office 

Beckley District Office 

St. Albans District Office 

(304) 356-4301 

(304) 238-1145 

(304) 457-2296 

(304) 725-9453 

(304) 256-6666 

(304) 722-0611 

The IUP is unchanged except for using an updated list of projects on the Project Priority List. A 

copy of the proposed Revised IUP will also be available for public review on or before October 

21, 20 II on the Bureau for Public Health website at http://www.wvdhhr.org/oehs/eedli&cd/ 

The public may submit written comments by mail, e-mail, facsimile (304-558-0691) or other 

delivery to: 

Robert W. DeCrease 

Bureau for Public Health 

Office of Environmental Health Services 

Environmental Engineering Division 

350 Capitol Street, Room 313 

Charleston, WV 25301-3713 

Email: robert.w.decrease@wy.gov 

All comments must be received by 12:00 noon, November 21, 2011. 

Please include your name, return address, e-mail address, daytime telephone number and indicate 

any organization that you may represent. Prior to any final action on this Revised IUP, the 

Bureau for Public Health will address only comments relevant to IUP issues. 

34 

~ 

00 

"' ...... 
Julv I, 2011- .June 30, 2012 Intended Usc Plan 

INTRODUCTION 

The Intended Use Plan (I UP) forthe period of July I, 2011through June 30,2012 has 

been revised to included new projects requesting DWTRF loan funding. No additional changes 

have occurred due to this revision except for the public comment process which is mentioned 

below. 

PUBLIC COMMENT PROCESS 

The public comment period for this revised IUP will be the period of October 21 through 

November 21, 2011. OEIIS posted the IUP on the web site and made it available at all district 

offices and the central office. The revised IUP was sent to key stakeholders for comment. A 

public notice was published in the West Virginia Register (State Register) on October 21, 2011 

concerning the web posting and public comment period. A public meeting will be held on 

November 18, 2011 from 2:00PM to 2:30PM at the OEIIS central office to receive public 

comments. 

15 

OTHER 

Office of the Secretary of State 

Building I, Suite 1S7-K 

1900 Kanawha Blvd., East 

Charleston, West V~tginia 25305 

Natalie E. Tennant 

Secretaiy of State 

State of West Virginia 

Tdephonc: (304) ssuooa Toll F=: 1·866-SOS-VOTE 

Fax: t304) SS8.0000 

WWW.W\'soa.com 

To: 

From: 

Date: 

He: 

NOTICE 

The Public 

The Honorable Natalie E. Tennant, Secretary of State 

September 29, 2011 

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Public Hearing for Tentative Public Utility Tax Assessments and Public 

Meeting 

Pursuant to West Virginia Code §11-6-11, the Board of Public Works will hold a public 

hearing on Wednesday, November 2, 2011 at 10:00 a.m. in the Governor's Cabinet and 

Conference Room, Building I, Suite 10 of the State Capitol Complex. 

The primary purpose of the hearing is to provide an opportunity for public utilities to 

comment concerning the Notices of Tentative Assessed Values for tax year 2012. The Board 

will also consider property transfers and other business. A detailed agenda will be available 

prior to the meeting. 

If you have any questions concerning this hearing and meeting, please contact Maureen 

Lewis at the Secretary of State's office at (304) 558-6000 ext 208. You may also email her at 

mlewi~@lwvsos.com. Thank you. 

II I 

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STATE OF WEST VIRGINIA 

Department of Revenue 

State Tax Department 

Earl Ray Tomblin Governor Craig A. Griffith State Tax Commissioner 

ADMINISTRATIVE NOTICE 2011-23 

Notice of Adjusted Interest Rates 

On Tax Underpayments and Overpayments 

And on Public Contracts 

For the Period of 

January 1, 2012 through June 30, 2012 

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West Virginia Code §§11-10-17 and 17a require the Tax Commissioner to 

establish interest rates every six months based on the adjusted prime rate charged by 

banks. The interest rate shall not be less than 8 percent. 

Notice is hereby given that for the period beginning January 1, 2012. and ending 

June 30. 2012. inclusive. the rate of interest on underpayments of tax will be 9.5 

percent, and the rate of interest on overpayments of taxes, and on public contracts 

when final payment is delayed, will be 8 percent. 

Notice of this determination by the Tax Commissioner was submitted to the State 

Register. 

H" 

Craig A. Griffittf 

State Tax Commissioner 

Issued: O.~.hv I '1 z..o I l 

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Deadline Date 

January 5, 2011 

January 12, 2011 

January 19,2011 

January 26, 2011 

February 2, 2011 

February 9, 2011 

February 16, 2011 

February 23, 2011 

March 2, 2011 

March 9, 2011 

March 16, 2011 

March 23, 2011 

March 30, 2011 

April 6, 2011 

April13, 2011 

April 20, 2011 

April 27, 2011 

May4, 2011 

May 11,2011 

May 18, 2011 

May 25,2011 

June 1, 2011 

June 8, 2011 

June 15, 2011 

June 22, 2011 

June 29, 2011 

THE FOLLOWING ARE PUBLICATION DATES OF THE STATE REGISTER FOR 2011 

DATES ARE THE DATES ALL FILINGS ARE TO BE RECEIVED IN THE 

SECRETARY OF STATE'S OFFICE IN ORDER FOR THE MATERIAL TO APPEAR IN 

THE STATE REGISTER PUBLISHED ON THE DATE LISTED. 

Publication Date Meeting may be held Deadline Date Publication Date Meeting may be held 

on or after on or after 

January 7, 2011 January 12, 2011 July 6, 2011 July 8, 2011 July 13, 2011 

January 14, 2011 January 19, 2011 July 13, 2011 July 15, 2011 July 20, 2011 

January 21, 2011 January 26, 2011 July 20, 2011 July 22, 2011 July 27, 2011 

January 28, 2011 February 2, 2011 July 27, 2011 July 29, 2011 August 3, 2011 

February 4, 2011 February 9, 2011 August 3, 2011 August 5, 2011 August 10, 2011 

February 11, 2011 February 16, 2011 August 10, 2011 August 12, 2011 August 17, 2011 

February 18, 2011 February 23, 2011 August 17, 2011 August 19, 2011 August 24, 2011 

February 25, 2011 March 2, 2011 August 24, 2011 August 26, 2011 August 31, 2011 

March 4, 2011 March 9, 2011 August 31, 2011 September 2, 2011 September 7, 2011 

March 11, 2011 March 16, 2011 September 7, 2011 September 9, 2011 September 14, 2011 

March 18, 2011 March 23, 2011 September 14, 2011 September 16, 2011 September 21, 2011 

March 25, 2011 March 30, 2011 September 21, 2011 September 23, 2011 September 28, 2011 

April 1, 2011 AprilS, 2011 September 28, 2011 September 30, 2011 October 5, 2011 

April 8, 2011 ApJil13, 2011 October 5, 2011 October 7, 2011 October 12, 2011 

April 15, 2011 April 20, 2011 October 12, 2011 October 14, 2011 October 19,2011 

April 22, 2011 April27, 2011 October 19, 2011 October 21, 2011 October 26, 2011 

April 29, 2011 May4, 2011 October 26, 2011 October 28, 2011 November 2, 2011 

May 6, 2011 May 11,2011 November 2, 2011 November 4, 2011 November 9, 2011 

May 13,2011 Mq 18, 2011 November 8, 2011 November 10, 2011 November 15,2011 

May 20,2011 May25, 2011 November 16, 2011 November 18, 2011 November 23, 2011 

May 27,2011 June 1, 2011 November 21, 2011 November 23, 2011 November 28, 2011 

June 3, 2011 June 8, 2011 November 30, 2011 December 2, 2011 December 7, 2011 

June 10, 2011 June 15,2011 December 7, 2011 December 9, 2011 December 14, 2011 

June 17, 2011 June 22, 2011 December 14, 2011 December 16, 2011 December 21, 2011 

June 24, 2011 June 29, 2011 December 21, 2011 December 23, 2011 December 28, 2011 

July 1, 2011 July 6, 2011 December 28, 2011 December 30, 2011 January 4, 2012